RULES OF ORDER.
Art. I. How Business Is Conducted in Deliberative Assemblies.
PAGE
=1.= Introduction of Business =25=
=2.= What Precedes Debate =26=
=3.= Obtaining the Floor =27=
=4.= Motions and Resolutions =33=
=5.= Seconding Motions =36=
=6.= Stating the Question =38=
=7.= Debate =38=
=8.= Secondary Motions =40=
=9.= Putting the Question and Announcing the Vote =40=
=10.= Proper Motions to Use to Accomplish Certain Objects =43=
=1. Introduction of Business.= An assembly having been organized as
described in =69=, =70=, =71=, business is brought before it either
by the motion of a member, or by the presentation of a communication
to the assembly. It is not usual to make motions to receive reports
of committees or communications to the assembly. There are many other
cases in the ordinary routine of business where the formality of a
motion is dispensed with, but should any member object, a regular
motion becomes necessary, or the chair may put the question without
waiting for a motion.
=2. What Precedes Debate.= Before any subject is open to debate it is
necessary, first, that a motion be made by a member who has obtained
the floor; second, that it be seconded (with certain exceptions);
and third, that it be stated by the chair, that is, by the presiding
officer. The fact that a motion has been made and seconded does not
put it before the assembly, as the chair alone can do that. He must
either rule it out of order, or state the question on it so that the
assembly may know what is before it for consideration and action,
that is, what is the _immediately pending question_. If several
questions are pending, as a resolution and an amendment and a motion
to postpone, the last one stated by the chair is the immediately
pending question.
While no debate or other motion is in order after a motion is made,
until it is stated or ruled out of order by the chair, yet members
may suggest modifications of the motion, and the mover, without the
consent of the seconder, has the right to make such modifications
as he pleases, or even to withdraw his motion entirely before the
chair states the question. After it is stated by the chair he can do
neither without the consent of the assembly as shown in =27= (_c_).
A little informal consultation before the question is stated often
saves much time, but the chair must see that this privilege is not
abused and allowed to run into debate. When the mover modifies his
motion the one who seconded it has a right to withdraw his second.
=3. Obtaining the Floor.= Before a member can make a motion, or
address the assembly in debate, it is necessary that he should
_obtain the floor_—that is, he must rise after the floor has been
yielded, and address the presiding officer by his official title,
thus, “Mr. Chairman,” or “Mr. President,” or “Mr. Moderator;”{4}
or, if a woman (married or single), “Madam Chairman,” or “Madam
President.” If the assembly is large so that the member’s name may
be unknown to the chairman, the member should give his name as soon
as he catches the eye of the chairman after addressing him. If the
member is entitled to the floor, as shown hereafter, the chairman
“recognizes” him, or assigns him the floor, by announcing his name.
If the assembly is small and the members are known to each other, it
is not necessary for the member to give his name after addressing the
chair, as the presiding officer is termed, nor is it necessary for
the chair to do more than bow in recognition of his having the floor.
If a member rises before the floor has been yielded, or is standing
at the time, he cannot obtain the floor provided any one else rises
afterwards and addresses the chair. It is out of order to be standing
when another has the floor, and the one guilty of this violation of
the rules cannot claim he rose first, as he did not rise after the
floor had been yielded.
{4} “Brother Moderator,” or “Brother Chairman,” implies that the
speaker is also a moderator or chairman, and should not be used.
Where two or more rise about the same time to claim the floor, all
other things being equal, the member who rose first after the floor
had been yielded, and addressed the chair is entitled to the floor.
It frequently occurs, however, that where more than one person claims
the floor about the same time, the interests of the assembly require
the floor to be assigned to a claimant that was not the first to rise
and address the chair. There are three classes of such cases that may
arise: (1) When a debatable question is immediately pending; (2) when
an undebatable question is immediately pending; (3) when no question
is pending. In such cases the chair in assigning the floor should be
guided by the following principles:
(1) _When a Debatable Question is Immediately Pending._ (_a_) The
member upon whose motion the immediately pending debatable question
was brought before the assembly is entitled to be recognized as
having the floor (if he has not already spoken on the question) even
though another has risen first and addressed the chair. The member
thus entitled to preference in recognition in case of a committee’s
report is the reporting member (the one who presents or submits the
report); in case of a question taken from the table, it is the one
who moved to take the question from the table; in case of the motion
to reconsider, it is the one who moved to reconsider, and who is not
necessarily the one who calls up the motion. (_b_) No member who has
already had the floor in debate on the immediately pending question
is again entitled to it for debate on the same question, provided the
floor is claimed by one who has not spoken on that question. (_c_)
As the interests of the assembly are best subserved by allowing the
floor to alternate between the friends and enemies of a measure, the
chairman, when he knows which side of a question is taken by each
claimant of the floor, and these claims are not determined by the
above principles, should give the preference to the one opposed to
the last speaker.
(2) _When an Undebatable Question Is Immediately Pending._ When
the immediately pending question is undebatable, its mover has no
preference to the floor, which should be assigned in accordance with
the principles laid down under (_b_) in paragraph below.
(3) _When No Question Is Pending._ (_a_) When one of a series of
motions has been disposed of, and there is no question actually
pending, the next of the series has the right of way, and the chair
should recognize the member who introduced the series to make the
next motion, even though another has risen first and addressed the
chair. In fact no other main motion is in order until the assembly
has disposed of the series. Thus, the motion to lay on the table,
properly used, is designed to lay aside a question temporarily, in
order to attend to some more urgent business, and, therefore, if a
question is laid on the table, the one who moved to lay it on the
table, if he immediately claims the floor, is entitled to it to
introduce the urgent business even though another has risen first.
So, when the rules are suspended to enable a motion to be made,
the mover of the motion to suspend the rules is entitled to the
floor to make the motion for which the rules were suspended, even
though another rose first. When a member moves to reconsider a vote
for the announced purpose of amending the motion, if the vote is
reconsidered he must be recognized in preference to others in order
to move his amendment. (_b_) If, when no question is pending and
no series of motions has been started that has not been disposed
of, a member rises to move to reconsider a vote, or to call up the
motion to reconsider that had been previously made, or to take a
question from the table when it is in order, he is entitled to the
floor in preference to another that may have risen slightly before
him to introduce a main motion, provided that when some one rises
before him he, on rising, states the purpose for which he rises.
If members, rising to make the above mentioned motions, come into
competition they have the preference in the order in which these
motions have just been given; first, to reconsider, and last, to take
from the table. When a motion to appoint a committee for a certain
purpose, or to refer a subject to a committee, has been adopted no
new subject (except a privileged one) can be introduced until the
assembly has decided all of the related questions as to the number
of the committee, and as to how it shall be appointed, and as to any
instructions to be given it. In this case the one who made the motion
to appoint the committee or refer the subject to a committee has no
preference in recognition. If he had wished to make the other motions
he should have included them all in his first motion.
From the decision of the chair in assigning the floor any two members
may appeal,{5} one making the appeal and the other seconding it.
Where the chair is in doubt as to who is entitled to the floor, he
may allow the assembly to decide the question by a vote, the one
having the largest vote being entitled to the floor.
{5} In the U. S. House of Representatives there is no appeal from the
decision of the chair as to who is entitled to the floor, nor should
there be any appeal in large mass meetings, as the best interests of
the assembly require the chair to be given more power in such large
bodies.
If a member has risen to claim the floor, or has been assigned
the floor, and calls for the question are made, or it is moved to
adjourn, or to lay the question on the table, it is the duty of the
chair to suppress the disorder and protect the member who is entitled
to the floor. Except by general consent, a motion cannot be made by
one who has not been recognized by the chair as having the floor.
If it is made it should not be recognized by the chair if any one
afterwards rises and claims the floor, thus showing that general
consent has not been given.
_In Order When Another Has the Floor._ After a member has been
assigned the floor he cannot be interrupted by a member or the
chairman, except by (_a_) a motion to reconsider; (_b_) a point of
order; (_c_) an objection to the consideration of the question; (_d_)
a call for the orders of the day when they are not being conformed
to; (_e_) a question of privilege; (_f_) a request or demand that the
question be divided when it consists of more than one independent
resolution on different subjects; or (_g_) a parliamentary inquiry or
a request for information that requires immediate answer; and these
cannot interrupt him after he has actually commenced speaking unless
the urgency is so great as to justify it. The speaker (that is, the
member entitled to the floor) does not lose his right to the floor
by these interruptions, and the interrupting member does not obtain
the floor thereby, and after they have been attended to, the chair
assigns him the floor again. So, when a member submitting a report
from a committee or offering a resolution, hands it to the secretary
to be read, he does not thereby yield his right to the floor.
When the reading is finished and the chair states the question,
neither the secretary nor any one else can make a motion until the
member submitting the report, or offering the resolution, has had a
reasonable opportunity to claim the floor to which he is entitled,
and has not availed himself of his privilege. If, when he submitted
the report, he made no motion to accept or adopt the recommendations
or resolutions, he should resume the floor as soon as the report is
read, and make the proper motion to carry out the recommendations,
after which he is entitled to the floor for debate as soon as the
question is stated.
=4. Motions and Resolutions.= A motion is a proposal that the
assembly take certain action, or that it express itself as holding
certain views. It is made by a member’s obtaining the floor as
already described and saying, “I move that” (which is equivalent to
saying, “I propose that”), and then stating the action he proposes
to have taken. Thus a member “moves” (proposes) that a resolution be
adopted, or amended, or referred to a committee, or that a vote of
thanks be extended, etc.; or “That it is the sense of this meeting
(or assembly) that industrial training,” etc. Every resolution should
be in writing, and the presiding officer has a right to require any
main motion, amendment, or instructions to a committee to be in
writing. When a main motion is of such importance or length as to
be in writing it is usually written in the form of a _resolution_;
that is, beginning with the words, “_Resolved_, That,” the word
“_Resolved_” being underscored (printed in italics) and followed by
a comma, and the word “That” beginning with a capital “T.” If the
word “Resolved” were replaced by the words “I move,” the resolution
would become a motion. A resolution is always a main motion. In some
sections of the country the word “resolve” is frequently used instead
of “resolution.” In assemblies with paid employees, instructions
given to employees are called “orders” instead of “resolutions,” and
the enacting word, “Ordered” is used instead of “Resolved.”
When a member wishes a resolution adopted, after having obtained the
floor, he says, “I move the adoption of the following resolution,” or
“I offer the following resolution,” which he reads and hands to the
chair. If it is desired to give the reasons for the resolution, they
are usually stated in a _preamble_, each clause of which constitutes
a paragraph beginning with “Whereas.” The preamble is always amended
last, as changes in the resolution may require changes in the
preamble. In moving the adoption of a resolution the preamble is
not usually referred to, as it is included in the resolution. But
when the previous question is ordered on the resolution before the
preamble has been considered for amendment, it does not apply to the
preamble, which is then open to debate and amendment. The preamble
should never contain a period, but each paragraph should close with
a comma or semicolon, followed by “and,” except the last paragraph,
which should close with the word “therefore,” or “therefore, be it.”
A resolution should avoid periods where practicable. Usually, where
periods are necessary, it is better to separate it into a series
of resolutions, in which case the resolutions may be numbered, if
preferred, by preceding them with the figures 1, 2, etc.; or it may
retain the form of a single resolution with several paragraphs, each
beginning with “That,” and these may be numbered, if preferred, by
placing “First,” “Second,” etc., just before the word “That.” The
following form will serve as a guide when it is desired to give the
reasons for a resolution:
Whereas, We consider that suitable recreation is a necessary part
of a rational educational system; and
Whereas, There is no public ground in this village where our school
children can play; therefore,
_Resolved_, That it is the sense of this meeting that ample play
grounds should be immediately provided for our school children.
_Resolved_, That a committee of five be appointed by the chair to
present these resolutions to the village authorities and to urge
upon them prompt action in the matter.
As a general rule no member can make two motions at a time except by
general consent. But he may combine the motion to suspend the rules
with the motion for whose adoption it was made; and the motion to
reconsider a resolution and its amendments; and a member may offer a
resolution and at the same time move to make it a special order for a
specified time.
=5. Seconding Motions.= As a general rule, with the exceptions given
below, every motion should be seconded. This is to prevent time being
consumed in considering a question that only one person favors, and
consequently little attention is paid to it in routine motions. Where
the chair is certain the motion meets with general favor, and yet
members are slow about seconding it, he may proceed without waiting
for a second. Yet, any one may make a point of order that the motion
has not been seconded, and then the chair is obliged to proceed
formally and call for a second. The better way when a motion is not
at once seconded, is for the chair to ask, “Is the motion seconded?”
In a very large hall the chair should repeat the motion before
calling for a second in order that all may hear. After a motion has
been made no other motion is in order until the chair has stated
the question on this motion, or has declared, after a reasonable
opportunity has been given for a second, that the motion has not
been seconded, or has ruled it out of order. Except in very small
assemblies the chair cannot assume that members know what the motion
is and that it has not been seconded, unless he states the facts.
A motion is seconded by a member’s saying, “I second the motion,”
or “I second it,” which he does without obtaining the floor, and in
small assemblies without rising. In large assemblies, and especially
where non-members are scattered throughout the assembly, members
should rise, and without waiting for recognition, say, “Mr. Chairman,
I second the motion.”
_Exceptions._ The following do not require a second:{6}
_Question of Privilege, to raise a_ =19=
_Questions of Order_ =21=
_Objection to the Consideration of a Question_ =23=
_Call for Orders of the Day_ =20=
_Call for Division of the Question (under certain circumstances)_ =24=
_Call for Division of the Assembly (in voting)_ =25=
_Call up Motion to Reconsider_ =36=
_Filling Blanks_ =33=
_Nominations_ =33=
_Leave to Withdraw a Motion_ =27=
_Inquiries of any kind_ =27=
{6} In Congress motions are not required to be seconded.
=6. Stating the Question.= When a motion has been made and seconded,
it is the duty of the chair, unless he rules it out of order,
immediately to _state the question_—that is, state the exact question
that is before the assembly for its consideration and action. This
he may do in various ways, depending somewhat on the nature of the
question, as illustrated by the following examples: “It is moved
and seconded that the following resolution be adopted [reading the
resolution];” or “It is moved and seconded to adopt the following
resolution;” “Mr. A offers the following resolution [read]: the
question is on its adoption;” “It is moved and seconded to amend the
resolution by striking out the word ‘very’ before the word ‘good’;”
“The previous question has been demanded [or, moved and seconded] on
the amendment;” “It is moved and seconded that the question be laid
on the table;” “It is moved and seconded that we adjourn.” [Under
each motion is shown the form of stating the question if there is any
peculiarity in the form.] If the question is debatable or amendable,
the chair should immediately ask, “Are you ready for the question?”
If no one then rises he should put the question as described in 9.
If the question cannot be debated or amended, he does not ask, “Are
you ready for the question?” but immediately puts the question after
stating it.
=7. Debate.= After a question has been stated by the chair, it is
before the assembly for consideration and action. All resolutions,
reports of committees, communications to the assembly, and all
amendments proposed to them, and all other motions except the
Undebatable Motions mentioned in 45, may be debated before final
action is taken on them, unless by a two-thirds vote the assembly
decides to dispose of them without debate. By a two-thirds vote is
meant two-thirds of the votes cast, a quorum being present. In the
debate each member has the right to speak twice on the same question
on the same day (except on an appeal), but cannot make a second
speech on the same question as long as any member who has not spoken
on that question desires the floor. No one can speak longer than ten
minutes at a time without permission of the assembly.
Debate must be limited to the merits of the _immediately pending
question_—that is, the last question stated by the chair that is
still pending; except that in a few cases the main question is also
open to debate [=45=]. Speakers must address their remarks to the
presiding officer, be courteous in their language and deportment,
and avoid all personalities, never alluding to the officers or other
members by name, where possible to avoid it, nor to the motives of
members. [For further information on this subject see Debate, =42=,
and Decorum in Debate, =43=.]
=8. Secondary Motions.= To assist in the proper disposal of the
question various _subsidiary_ [=12=] motions are used, such as to
amend, to commit, etc., and for the time being the subsidiary motion
replaces the resolution, or motion, and becomes the immediately
pending question. While these are pending, a question incidental to
the business may arise, as a question of order, and this _incidental_
[=13=] question interrupts the business and, until disposed of,
becomes the immediately pending question. And all of these may be
superseded by certain motions, called _privileged_ [=14=] motions,
as to adjourn, of such supreme importance as to justify their
interrupting all other questions. All of these motions that may be
made while the original motion is pending are sometimes referred to
as _secondary_ motions. The proper use of many of these is shown in
10.
=9. Putting the Question and Announcing the Vote.={7} When the
debate appears to have closed, the chair asks again, “Are you
ready for the question?” If no one rises he proceeds to _put the
question_—that is, to take the vote on the question, first calling
for the affirmative and then for the negative vote. In putting the
question the chair should make perfectly clear what the question is
that the assembly is to decide. If the question is on the adoption
of a resolution, unless it has been read very recently, it should
be read again, the question being put in a way similar to this:
“The question is on the adoption of the resolution [which the chair
reads]; those in favor of the resolution say _aye_; those opposed
say _no_. The ayes have it, and the resolution is adopted;” or, “The
noes have it, and the resolution is lost.” Or, thus: “The question
is on agreeing to the following resolution,” which the chair reads,
and then he continues, “As many as are in favor of agreeing to the
resolution say _aye_;” after the ayes have responded he continues,
“As many as are opposed say _no_. The ayes have it,” etc. Or, “It is
moved and seconded that an invitation be extended to Mr. Jones to
address our club at its next meeting. Those in favor of the motion
will rise; be seated; those opposed will rise. The affirmative has
it and the motion is adopted [or carried].” Or, if the vote is by
“show of hands,” the question is put and the vote announced in a
form similar to this: “It has been moved and seconded to lay the
resolution on the table. Those in favor of the motion will raise the
right hand; those opposed will signify [or manifest] it in the same
way [or manner]. The affirmative has it [or, The motion is adopted,
or carried] and the resolution is laid on the table.” The vote
should always be announced, as it is a necessary part of putting the
question. The assembly is assumed not to know the result of the vote
until announced by the chair, and the vote does not go into effect
until announced. As soon as the result of the vote is announced the
chair should state the next business in order, as in the following
example of putting the question on an amendment: “The question is on
amending the resolution by inserting the word ‘oak’ before the word
‘desk.’ Those in favor of the amendment say _aye_; those opposed say
_no_. The ayes have it and the amendment is adopted. The question is
now [or recurs] on the resolution as amended, which is as follows:
[read the resolution as amended]. Are you ready for the question?”
The chair should never neglect to state what is the business next in
order after every vote is announced, nor to state the exact question
before the assembly whenever a motion is made. Much confusion is
avoided thereby. The vote should always be taken first by the voice
(viva voce) or by show of hands (the latter method being often used
in small assemblies), except in the case of motions requiring a
two-thirds vote, when a rising vote should be taken at first. When a
division is demanded a rising vote is taken. For further information
on voting see 46. Under each motion is given the form of putting the
question whenever the form is peculiar.
{7} H. R. Rule 1, §5, is as follows: “5. He shall rise to put a
question, but may state it sitting; and shall put questions in this
form, to wit: ‘As many as are in favor (as the question may be), say
_Aye_;’ and after the affirmative voice is expressed, ‘As many as
are opposed, say _No_;’ if he doubts, or a division is called for,
the House shall divide; those in the affirmative of the question
shall first rise from their seats, and then those in the negative;
if he still doubts, or a count is required by at least one-fifth of
a quorum, he shall name one from each side of the question to tell
the members in the affirmative and negative; which being reported, he
shall rise and state the decision.”
=10. Proper Motions to Use to Accomplish Certain Objects.= To enable
any one to ascertain what motion to use in order to accomplish what
is desired, the common motions are arranged in the table below
according to the objects to be attained by their use. Immediately
after the table is a brief statement of the differences between the
motions placed under each object, and of the circumstances under
which each should be used. They include all of the Subsidiary Motions
[12], which are designed for properly disposing of a question pending
before the assembly; and the three motions designed to again bring
before the assembly a question that has been acted upon or laid
aside temporarily; and the motion designed to bring before another
meeting of the assembly a main question which has been voted on in an
unusually small or unrepresentative meeting. Motions, as a general
rule, require for their adoption only a majority vote—that is, a
majority of the votes cast, a quorum being present; but motions
to suppress or limit debate, or to prevent the consideration of a
question, or, without notice to rescind action previously taken,
require a two-thirds vote [48]. The figures and letters on the left
in the list below correspond to similar figures and letters in the
statement of differences further on. The figures to the right in the
list refer to the sections where the motions are fully treated.
The Common Motions Classified According to Their Objects.
(1) To Modify or Amend.
(_a_) _Amend_ =33=
(_b_) _Commit or Refer_ =32=
(2) To Defer Action.
(_a_) _Postpone to a Certain Time_ =31=
(_b_) _Make a Special Order (⅔ Vote)_ =20=
(_c_) _Lay on the Table_ =28=
(3) To Suppress or Limit Debate (⅔ Vote).
(_a_) _Previous Question (to close debate now) (⅔ Vote)_ =29=
(_b_) _Limit Debate (⅔ Vote)_ =30=
(4) To Suppress the Question.
(_a_) _Objection to Its Consideration (⅔ Vote)_ =23=
(_b_) _Previous Question and Reject Question_ =29=
(_c_) _Postpone Indefinitely_ =34=
(_d_) _Lay on the Table_ =28=
(5) To Consider a Question a Second Time.
(_a_) _Take from the Table_ =35=
(_b_) _Reconsider_ =36=
(_c_) _Rescind_ =37=
(6) To Prevent Final Action on a Question in an
Unusually Small or Unrepresentative Meeting.
(_a_) _Reconsider and have Entered on the Minutes_ =36=
(1) _To Modify or Amend._ (_a_) When a resolution or motion is not
worded properly, or requires any modification to meet the approval
of the assembly, if the changes required can be made in the assembly,
the proper motion to make is to _amend_ by “inserting,” or “adding,”
or by “striking out,” or by “striking out and inserting,” or by
“substituting” one or more paragraphs for those in the resolution.
(_b_) But if much time will be required, or if the changes required
are numerous, or if additional information is required to enable the
assembly to act intelligently, then it is usually better _to refer_
the question to a committee.
(2) _To Defer Action._ (_a_) If it is desired to put off the further
consideration of a question to a certain hour, so that when that time
arrives, as soon as the pending business is disposed of, it shall
have the right of consideration over all questions except special
orders and a reconsideration, then the proper motion to make is,
_to postpone to that certain time_. This is also the proper motion
to make if it is desired to defer action simply to another day. As
the motion if adopted cannot interrupt the pending question when the
appointed time arrives, nor can it suspend any rule, it requires
only a majority vote for its adoption. A question postponed to a
certain time cannot be taken up before the appointed time except by
suspending the rules, which requires a two-thirds vote. (_b_) If it
is desired to appoint for the consideration of a question a certain
time when it may interrupt any pending question except one relating
to adjournment or recess, or a question of privilege or a specified
order that was made before it was, then the proper course is to move
“that the question be made a _special order_ for,” etc., specifying
the day or hour. As this motion, if adopted, suspends all rules that
interfere with the consideration of the question at the appointed
time, it requires a two-thirds vote for its adoption. A special order
cannot be considered before the appointed time except by suspending
the rules, which requires a two-thirds vote. (_c_) If, however, it is
desired to lay the question aside temporarily with the right to take
it up at any moment when business of this class, or unfinished or new
business, is in order and no other question is before the assembly,
the proper motion to use is to _lay the question on the table_. When
laid upon the table a majority vote may take it up at the same or the
next session, as described in =35=.
(3) _To Suppress Debate._ (_a_) If it is desired to close debate now
and bring the assembly at once to a vote on the pending question,
or questions, the proper course is to move, or demand, or call for,
the previous question on the motions upon which it is desired to
close debate. The motion, or demand, for the previous question should
always specify the motions upon which it is desired to order the
previous question. If no motions are specified, the previous question
applies only to the immediately pending question. It requires
a two-thirds vote for its adoption. After it has been adopted,
privileged and incidental motions may be made, or the pending
questions may be laid on the table, but no other subsidiary motion
can be made nor is any debate allowed. If it is lost the debate is
resumed. (_b_) If it is desired to limit the number or length of
speeches, or the time allowed for debate, the proper course is to
move that the speeches or debate be limited as desired, or that the
debate be closed and the vote be taken at a specified time. These
motions to limit or close debate require a two-thirds vote for their
adoption, and are in order, like the previous question, when any
debatable question is immediately pending.
(4) _To Suppress the Question._ A legitimate question cannot be
suppressed in a deliberative assembly without free debate, except
by a two-thirds vote. If two-thirds of the assembly are opposed
to the consideration of the question then it can be suppressed
by the following methods: (_a_) If it is desired to prevent any
consideration of the question, the proper course to pursue is _to
object to its consideration_ before it has been discussed or any
other motion stated, and, therefore, it may interrupt a member who
has the floor before the debate has begun. It requires no second. On
the question of consideration there must be a two-thirds negative
vote to prevent the consideration. (_b_) After the question has
been considered the proper way to immediately suppress it is to
close debate by ordering the _previous question_, which requires a
two-thirds vote, and then to vote down the question. (_c_) Another
method of suppressing a question is to _postpone it indefinitely_
(equivalent to rejecting it), which, however, being debatable and
opening the main question to debate, is only of service in giving
another opportunity to defeat the resolution should this one fail.
For, if the motion to postpone indefinitely is adopted, the main
question is dead for that session, and if it is lost, the main
question is still pending and its enemies have another opportunity
to kill it. When the motion to postpone indefinitely is pending and
immediate action is desired, it is necessary to move the previous
question as in case (_b_) above. (_d_) A fourth method frequently
used for suppressing a question is to _lay it on the table_, though
this is an unfair use of the motion, except in bodies like Congress
where the majority must have the power to suppress any motion
immediately, as otherwise they could not transact business. But in
ordinary societies, where the pressure of business is not so great,
it is better policy for the majority to be fair and courteous to
the minority and use the proper motions for suppressing a question
without allowing full debate, all of which require a two-thirds vote.
Unless the enemies of a motion have a large majority, laying it on
the table is not a safe way of suppressing it, because its friends,
by watching their opportunity, may find themselves in a majority and
take it from the table and adopt it, as shown in the next paragraph.
(5) _To Consider a Question a Second Time._ (_a_) When a question has
not been voted on, but has been laid on the table, a majority may
_take it from the table_ and consider it at any time when no other
question is before the assembly and when business of that class, or
unfinished or new business, is in order during the same session; or
at the next session in ordinary societies having regular meetings as
often as quarterly. (_b_) If a motion has been adopted, or rejected,
or postponed indefinitely, and afterwards one or more members have
changed their views from the prevailing to the losing side, and it
is thought that by further discussion the assembly may modify or
reverse its action, the proper course is for one who voted with the
prevailing side to move to _reconsider_ the vote on the question.
This can be done on the day the vote to be reconsidered is taken,
or on the next succeeding day of the same session. (_c_) If a main
motion, including questions of privilege and orders of the day, has
been adopted or rejected or postponed indefinitely, and no one is
both able and willing to move to reconsider the vote, the question
can be brought up again during the same session only by moving to
_rescind_ the motion. To rescind may be moved by any member, but,
if notice of it was not given at a previous meeting, it requires a
two-thirds vote or a vote of a majority of the enrolled membership.
At any future session, the resolution, or other main motion, may
be rescinded in the same way if it had been adopted; or it may be
introduced anew if it had been rejected or postponed indefinitely;
provided the question cannot be reached by calling up the motion to
reconsider which had been made at the previous session. A by-law,
or anything else that requires a definite notice and vote for its
amendment, requires the same notice and vote to rescind it.
(6) _To Prevent Final Action on a Question in an Unusually Small
or Unrepresentative Meeting._ If an important main motion should
be adopted, lost, or postponed indefinitely, at a small or
unrepresentative meeting of the society when it was apparent that
the action is in opposition to the views of the majority of the
members, the proper course to pursue is for a member to vote with
the prevailing side and then move to reconsider the vote and have it
entered on the minutes. The motion to reconsider, in this form, can
be made only on the day the vote was taken which it is proposed to
reconsider, and the reconsideration cannot be called up on that day;
thus an opportunity is given to notify absent members. The motion to
reconsider is fully explained in =36=.
Art. II. General Classification of Motions.
For convenience motions may be classified as follows:
_Main or Principal Motions_ =11=
_Subsidiary Motions_ =12=
_Incidental Motions_ =13=
_Privileged Motions_ =14=
=11. A Main or Principal Motion= is a motion made to bring before the
assembly, for its consideration, any particular subject. It takes
precedence of nothing—that is, it cannot be made when any other
question is before the assembly; and it yields to all Privileged,
Incidental, and Subsidiary Motions—that is, any of these motions
can be made while a main motion is pending. Main motions are
debatable, and subject to amendment, and can have any subsidiary
[=12=] motions applied to them. When a main motion is laid on the
table, or postponed to a certain time, it carries with it all pending
subsidiary motions. If a main motion is referred to a committee it
carries with it only the pending amendments. As a general rule, they
require for their adoption only a majority vote—that is, a majority
of the votes cast; but amendments to constitutions, by-laws, and
rules of order already adopted, all of which are main motions,
require a two-thirds vote for their adoption, unless the by-laws,
etc., specify a different vote for their amendment; and the motion to
rescind action previously taken requires a two-thirds vote, or a vote
of a majority of the entire membership, unless previous notice of the
motion has been given.
Main motions may be subdivided into Original Main Motions and
Incidental Main Motions. _Original Main Motions_ are those which
bring before the assembly some new subject, generally in the form
of a resolution, upon which action by the assembly is desired.
_Incidental Main Motions_ are those main motions that are incidental
to, or relate to, the business of the assembly, or its past or
future action, as, a committee’s report on a resolution referred to
it. A motion to accept or adopt the report of a standing committee
upon a subject not referred to it is an original main motion, but a
motion to adopt a report on a subject referred to a committee is an
incidental main motion. The introduction of an original main motion
can be prevented by sustaining by a two-thirds vote an objection to
its consideration [=23=], made just after the main motion is stated
and before it is discussed. An objection to its consideration cannot
be applied to an incidental main motion, but a two-thirds vote can
immediately suppress it by ordering the previous question [=29=].
This is the only difference between the two classes of main motions.
The following list contains some of the most common
Incidental Main Motions.
_Accept_ or _Adopt a Report_ upon a subject referred to a
committee =54=
_Adjourn at_, or _to_, a future time =17=
_Adjourn_, if qualified in any way, or to adjourn when the effect
is to dissolve the assembly with no provision for its
reconvening =17=
_Appoint the Time and Place for the next meeting_, if introduced
when no business is pending =16=
_Amend the Constitution_, _By-laws_, _Standing Rules_, or
_Resolutions_, etc., already adopted =68=
_Ratify_ or _Confirm_ action taken =39=
_Rescind_ or _Repeal_ action taken =37=
All of these motions are essentially main motions, and are treated as
such, though they may appear otherwise.
Though a question of privilege is of high rank so far as interrupting
a pending question is concerned, yet when the question has
interrupted business and is pending, it is treated as a main motion
so far as having incidental and subsidiary motions applied to it. So
an order of the day, even though a special order, after it has been
taken up is treated in the same way, as is also a question that has
been reconsidered.
No motion is in order that conflicts with the constitution, by-laws,
or standing rules or resolutions of the assembly, and if such a
motion is adopted it is null and void. Before introducing such a
motion it is necessary to amend the constitution or by-laws, or amend
or rescind the conflicting standing rule or resolution. So, too, a
motion is not in order that conflicts with a resolution previously
adopted by the assembly at the same session, or that has been
introduced and has not been finally disposed of. If it is not too
late the proper course is to reconsider [=36=] the vote on the motion
previously adopted, and then amend it so as to express the desired
idea. If it cannot be reconsidered, then by a two-thirds vote the
old resolution may be rescinded when the new one can be introduced,
or by giving notice it may be rescinded by a majority vote at the
next meeting. In ordinary societies, where the quorum is a small
percentage of the membership, and the meetings are as frequent
as quarterly, no resolution that conflicts with one adopted at a
previous session should be entertained until the old one has been
rescinded, which requires a two-thirds vote unless proper notice has
been given. [See =37=.]
=12. Subsidiary Motions= are such as are applied to other motions
for the purpose of most appropriately disposing of them. By means of
them the original motion may be modified, or action postponed, or it
may be referred to a committee to investigate and report, etc. They
may be applied to any main motion, and when made they supersede the
main motion and must be decided before the main motion can be acted
upon. None of them, except the motion to amend and those that close or
limit or extend the limits of debate, can be applied to a subsidiary,
incidental (except an appeal in certain cases), or privileged motion.
Subsidiary motions, except to lay on the table, the previous question,
and postpone indefinitely, may be amended. The motions affecting the
limits of debate may be applied to any debatable question regardless
of its privilege, and require a two-thirds vote for their adoption.
All those of lower rank than those affecting the limits of debate are
debatable, the rest are not. The motion to amend anything that has
already been adopted, as by-laws or minutes, is not a subsidiary motion
but is a main motion and can be laid on the table or have applied to it
any other subsidiary motion without affecting the by-laws or minutes,
because the latter are not pending.
In the following list the subsidiary motions are arranged in the order
of their precedence, the first one having the highest rank. When one of
them is the immediately pending question every motion above it is in
order, and every one below it is out of order. They are as follows:
Subsidiary Motions.
_Lay on the Table_ =28= _The Previous Question_ =29= _Limit or Extend
Limits of Debate_ =30= _Postpone Definitely, or to a Certain Time_
=31= _Commit or Refer, or Recommit_ =32= _Amend_ =33= _Postpone
Indefinitely_ =34=
=13. Incidental Motions= are such as arise out of another question
which is pending, and therefore take precedence of and must be decided
before the question out of which they rise; or, they are incidental
to a question that has just been pending and should be decided before
any other business is taken up. They yield to privileged motions, and
generally to the motion to lay on the table. They are undebatable,
except an appeal under certain circumstances as shown in =21=. They
cannot be amended except where they relate to the division of a
question, or to the method of considering a question, or to methods of
voting, or to the time when nominations or the polls shall be closed.
No subsidiary motion, except to amend, can be applied to any of them
except a debatable appeal. Whenever it is stated that all incidental
motions take precedence of a certain motion, the incidental motions
referred to are only those that are legitimately incidental at the time
they are made. Thus, incidental motions take precedence of subsidiary
motions, but the incidental motion to object to the consideration of
a question cannot be made while a subsidiary motion is pending, as
the objection is only legitimate against an original main motion just
after it is stated, before it has been debated or there has been any
subsidiary motion stated. The following list comprises most of those
that may arise:
Incidental Motions.
_Questions of Order and Appeal_ =21= _Suspension of the Rules_ =22=
_Objection to the Consideration of a Question_ =23= _Division of a
Question, and Consideration by Paragraph or Seriatim_ =24= _Division of
the Assembly, and Motions relating to Methods of Voting, or to Closing
or to Reopening the Polls_ =25= _Motions relating to Methods of Making,
or to Closing or to Reopening Nominations_ =26= _Requests growing out
of Business Pending or that has just been pending; as, a Parliamentary
Inquiry, a Request for Information, for Leave to Withdraw a Motion, to
Read Papers, to be Excused from a Duty, or for any other Privilege_ =27=
=14. Privileged Motions= are such as, while not relating to the
pending question, are of so great importance as to require them to
take precedence of all other questions, and, on account of this high
privilege, they are undebatable. They cannot have any subsidiary
motion applied to them, except the motions to fix the time to which
to adjourn, and to take a recess, which may be amended. But after the
assembly has actually taken up the orders of the day or a question
of privilege, debate and amendment are permitted and the subsidiary
motions may be applied the same as on any main motion. These motions
are as follows, being arranged in order of precedence:
Privileged Motions.
_Fix the Time to which to Adjourn_ (if made while another question is
pending) =16= _Adjourn_ (if unqualified and if it has not the effect
to dissolve the assembly) =17= _Take a Recess_ (if made when another
question is pending) =18= _Raise a Question of Privilege_ =19= _Call
for Orders of the Day_ =20=
=15. Some Main and Unclassified Motions.= Two main motions (to rescind
and to ratify) and several motions which cannot conveniently be
classified as either Main, Subsidiary, Incidental, or Privileged, and
which are in common use, are hereafter explained and their privileges
and effects given. They are as follows:
_Take from the Table_ =35= _Reconsider_ =36= _Rescind_ =37= _Renewal of
a Motion_ =38= _Ratify_ =39= _Dilatory, Absurd, or Frivolous Motions_
=40= _Call of the House_ =41=
Art. III. Privileged Motions.
See =14= for a list and the general characteristics of these motions.
=16. To Fix the Time to which the Assembly shall Adjourn.={8} This
motion is privileged only when made while another question is pending
and in an assembly that has made no provision for another meeting on
the same or the next day. The time fixed cannot be beyond the time of
the next meeting. If made in an assembly that already has provided for
another meeting on the same or the next day, or if made in an assembly
when no question is pending, this is a main motion and may be debated
and amended and have applied to it the other subsidiary motions, like
other main motions. Whenever the motion is referred to in these rules
the privileged motion is meant, unless specified to the contrary.
{8} In Congress this motion was given the highest rank of all motions,
but it was so utilized for filibustering purposes and there was so
little need of such a motion in an assembly meeting daily for months,
that in the last revision of the rules it was omitted from the list of
privileged motions. In ordinary assemblies having short or infrequent
sessions its usefulness outweighs the harm that may be done by its
improper use.
This motion when privileged takes precedence of all others, and is in
order even after it has been voted to adjourn, provided the chairman
has not declared the assembly adjourned. It can be amended, and a
vote on it can be reconsidered. When the assembly has no fixed place
for its meetings, this motion should include the place as well as the
time for the next meeting, and in this case the place is subject to
amendment as well as the time. When the assembly meets at the time
to which it adjourned, the meeting is a continuation of the previous
session. Thus, if the Annual Meeting is adjourned to meet on another
day, the adjourned meeting is a legal continuation of the Annual
Meeting. [See =63=.] The form of this motion is, “I move that when we
adjourn, we adjourn (or stand adjourned) to =2= P.M. tomorrow.”
=17. To Adjourn.= The motion to adjourn (when unqualified) is always
a privileged motion except when, for lack of provision for a future
meeting, as in a mass meeting, or at the last meeting of a convention,
its effect, if adopted, would be to dissolve the assembly permanently.
In any organized society holding several regular meetings during the
year, it is, when unqualified, always a privileged motion. When not
privileged it is treated as any other main motion, being debatable and
amendable, etc.
The privileged motion to adjourn takes precedence of all others, except
the privileged motion “to fix the time to which to adjourn,” to which
it yields. It is not debatable, nor can it be amended or have any
other subsidiary [=12=] motion applied to it; nor can a vote on it be
reconsidered. It may be withdrawn.
The motion to adjourn can be repeated if there has been any intervening
business, though it is simply progress in debate. The assembly may
decline to adjourn in order to hear one speech or to take one vote, and
therefore it must have the privilege of renewing the motion to adjourn
when there has been any progress in business or debate. But this high
privilege is liable to abuse to the annoyance of the assembly, if the
chair does not prevent it by refusing to entertain the motion when
evidently made for obstructive purposes, as when the assembly has just
voted it down, and nothing has occurred since to show the possibility
of the assembly’s wishing to adjourn. [See Dilatory Motions, =40=.]
The motion to adjourn, like every other motion, cannot be made except
by a member who has the floor. When made by one who has not risen and
addressed the chair and been recognized, it can be entertained only
by general consent. It cannot be made when the assembly is engaged in
voting, or verifying the vote, but is in order after the vote has been
taken by ballot before it has been announced. In such case the ballot
vote should be announced as soon as business is resumed. Where much
time will be consumed in counting ballots the assembly may adjourn,
having previously appointed a time for the next meeting, or, still
better, may take a recess as explained in the next section. No appeal,
or question of order, or inquiry, should be entertained after the
motion to adjourn has been made, unless it is of such a nature that its
decision is necessary before an adjournment, or unless the assembly
refuses to adjourn, when it would be in order.
Before putting the motion to adjourn, the chair, in most organizations,
should be sure that no important matters have been overlooked. If there
are announcements to be made they should be attended to before taking
the vote, or at least, before announcing it. If there is something
requiring action before adjournment, the fact should be stated and the
mover requested to withdraw his motion to adjourn. The fact that the
motion to adjourn is undebatable does not prevent the assembly’s being
informed of business requiring attention before adjournment. Members
should not leave their seats until the chair has declared the assembly
adjourned.
An adjournment sine die—that is, without day—closes the session and
if there is no provision for convening the assembly again, of course
the adjournment dissolves the assembly. But, if any provision has been
made whereby another meeting may be held, its effect is simply to close
the session. In an assembly, as a convention, which meets regularly
only once during its life, but whose by-laws provide for calling
special meetings, an adjournment sine die means only the ending of the
regular session of the convention, which, however, may be reconvened as
provided in the by-laws. If called to meet again the assembly meets as
a body already organized.
When the motion to adjourn is qualified in any way, or when its effect
is to dissolve the assembly without any provision being made for
holding another meeting of the assembly, it loses its privilege and is
a main motion, debatable and amendable and subject to having applied to
it any of the subsidiary motions.
In committees where no provision has been made for future meetings,
an adjournment is always at the call of the chair unless otherwise
specified. When a special committee, or the committee of the whole,
has completed the business referred to it, instead of adjourning, it
_rises_ and reports, which is equivalent to adjournment without day.
The _Effect upon Unfinished Business_ of an adjournment, unless the
assembly has adopted rules to the contrary, is as follows:
(_a_) When the adjournment does not close the session [=63=], the
business interrupted by it is the first in order after the reading
of the minutes at the next meeting, and is treated the same as if
there had been no adjournment, an adjourned meeting being legally the
continuation of the meeting of which it is an adjournment.
(_b_) When the adjournment closes a session{9} in an assembly having
regular sessions as often as quarterly, the unfinished business should
be taken up, just where it was interrupted, at the next succeeding
session previous to new business; provided that, in a body elected,
either wholly or in part, for a definite time (as a board of directors
one-third of whom are elected annually), unfinished business falls to
the ground with the expiration of the term for which the board, or any
part of it, was elected.
{9} “All business before committees of the House at the end of one
session shall be resumed at the commencement of the next session of the
same Congress in the same manner as if no adjournment had taken place.”
H. R. Rule 26. In practice this rule is applied to business before the
House as well as to that before committees. But unfinished business
does not go over from one Congress to another Congress. When a society
meets only once in six months or a year, there is liable to be as great
a difference in the personnel of the two consecutive meetings as of two
consecutive Congresses; and only trouble would result from allowing
unfinished business to hold over to the next yearly meeting.
(_c_) When the adjournment closes a session in an assembly which does
not meet as often as quarterly, or when the assembly is an elective
body, and this session ends the term of a portion of the members, the
adjournment puts an end to all business unfinished at the close of the
session. The business may be introduced at the next session, the same
as if it had never been before the assembly.
=18. Take a Recess.={10} This motion is practically a combination
of the two preceding, to which it yields, taking precedence of all
other motions. If made when other business is before the assembly, it
is a privileged motion and is undebatable and can have no subsidiary
motion applied to it except amend. It can be amended as to the length
of the recess. It takes effect immediately. A motion to take a recess
made when no business is before the assembly, or a motion to take a
recess at a future time, has no privilege, and is treated as any other
main motion. A recess is an intermission in the day’s proceedings, as
for meals or for counting the ballots when much time is required; or
in the case of meetings like conventions lasting for several days a
recess is sometimes taken over an entire day. When a recess is provided
for in the order of exercises, or program, the chair, when the time
arrives, announces the fact and says the assembly stands adjourned, or
in recess, to the specified hour. The assembly by a two-thirds vote
can postpone the time for taking a recess, or adjournment. When the
hour has arrived to which the recess was taken, the chairman calls the
assembly to order and the business proceeds the same as if no recess
had been taken. If the recess was taken after a vote had been taken and
before it was announced, then the first business is the announcement
of the vote. The intermissions in the proceedings of a day are termed
recesses, whether the assembly voted to take a recess, or whether it
simply adjourned having previously adopted a program or rule providing
for the hours of meeting. When an assembly has frequent short regular
meetings not lasting over a day, and an adjourned meeting is held on
another day, the interval between the meetings is not referred to as a
recess.
{10} Congress has omitted this motion from its latest revision of the
list of privileged motions, on account of its abuse for filibustering
purposes, and its being so seldom needed.
=19. Questions of Privilege.= Questions relating to the rights and
privileges of the assembly, or to any of its members, take precedence
of all other motions except the three preceding relating to adjournment
and recess, to which they yield. If the question is one requiring
immediate action it may interrupt a member’s speech; as, for example,
when, from any cause, a report that is being read cannot be heard in
a part of the hall. But if it is not of such urgency it should not
interrupt a member after he has commenced his speech. Before a member
has commenced speaking, even though he has been assigned the floor, it
is in order for another member to raise a question of privilege. When
a member rises for this purpose he should not wait to be recognized,
but immediately on rising should say, “Mr. Chairman,”—and when he
catches the chairman’s eye, should add, “I rise to a question of
privilege affecting the assembly,” or “I rise to a question of personal
privilege.” The chair directs him to state his question, and then
decides whether it is one of privilege or not. From this decision any
two members may appeal. The chair may decide it to be a question of
privilege, but not of sufficient urgency to justify interrupting the
speaker. In such a case the speaker should be allowed to continue, and,
when he has finished, the chair should immediately assign the floor to
the member who raised the question of privilege to make his motion if
one is necessary. Whenever his motion is made and stated, it becomes
the immediately pending question and is open to debate and amendment
and the application of all the other subsidiary motions just as any
main motion. Its high privilege extends only to giving it the right to
consideration in preference to any other question except one relating
to adjournment or recess, and, in cases of great urgency, the right
to interrupt a member while speaking. It cannot interrupt voting or
verifying a vote. As soon as the question of privilege is disposed of,
the business is resumed exactly where it was interrupted; if a member
had the floor at the time the question of privilege was raised, the
chair assigns him the floor again.
Questions of privilege may relate to the privileges of the assembly
or only of a member, the former having the precedence if the two come
into competition. Questions of personal privilege must relate to one
as a member of the assembly, or else relate to charges against his
character which, if true, would incapacitate him for membership.
Questions like the following relate to the privileges of the assembly:
those relating to the organization of the assembly; or to the comfort
of its members, as the heating, lighting, ventilation, etc., of the
hall, and freedom from noise and other disturbance; or to the conduct
of its officers or employees; or to the punishing of a member for
disorderly conduct or other offence; or to the conduct of reporters for
the press, or to the accuracy of published reports of proceedings.
Privileged questions include, besides questions of privilege, a call
for the orders of the day and the privileged motions relating to
adjournment and recess. This distinction between privileged questions
and questions of privilege should be borne in mind.
=20. Orders of the Day.={11} _A Call for the Orders of the Day_ (which,
in an ordinary assembly, is a demand that the assembly conform to its
program or order of business) can be made at any time when no other
privileged [=14=] motion is pending and the order of business is being
varied from, and only then. It requires no second, and is in order when
another has the floor, even though it interrupts a speech, as a single
member has a right to demand that the order of business be conformed
to. It is out of order to call for the orders of the day when there is
no variation from the order of business. Thus, the orders of the day
cannot be called for when another question is pending, provided there
are no special orders made for that time or an earlier time, as general
orders cannot interrupt a question actually under consideration. The
call must be simply for the orders of the day, and not for a specified
one, as the latter has no privilege. When the time has arrived for
which a special order has been made, a call for the orders of the day
takes precedence of everything except the other privileged motions,
namely, those relating to adjournment and recess, and questions of
privilege, to which it yields. If there are no special orders a call
for the orders of the day cannot interrupt a pending question; but,
if made when no question is pending, it is in order even when another
has the floor and has made a main motion, provided the chair has not
stated the question. Until the time of actually taking up the general
orders for consideration this call yields to a motion to reconsider, or
to a calling up of a motion to reconsider, previously made. A call for
the orders of the day cannot be debated or amended, or have any other
subsidiary motion applied to it.
{11} While Congress retains the call for the orders of the day in its
list of privileged motions, it has abandoned the use of orders of
the day, having, instead, a detailed order of business with several
calendars. It retains special orders which may be made by a two-thirds
vote.
It is the duty of the chair to announce the business to come before
the assembly in its proper order, and if he always performs this
duty there will be no occasion for calling for the orders of the
day. But there are occasions when the chair fails to notice that the
time assigned for a special order has arrived, or he thinks that the
assembly is so interested in the pending question that it does not wish
yet to take up the special order assigned for that time, and therefore
delays announcing it. In such a case, as already stated, any member
has a right to call for the orders of the day, and thus compel the
chair either to announce the order or else put the question, “Will
the assembly proceed to the orders of the day?” To refuse to take up
the orders at the appointed time is an interference with the order of
business similar to suspending the rules and should require the same
vote—namely, two-thirds. In other words, a two-thirds vote in the
negative is necessary to prevent proceeding to the orders of the day.
If the assembly refuses to proceed to the orders of the day the orders
cannot be called for again until the pending business is disposed of.
When the orders of the day are announced, or when they are called for,
if it is desired to prolong the discussion of the pending question,
some one should move that the time for considering the pending question
be extended a certain number of minutes. A two-thirds vote is required
for the adoption of this motion as it changes the order of business
or program. After the order has been announced and the question is
actually pending, it is debatable and may be amended or have any other
subsidiary motion applied to it the same as any other main motion. The
orders of the day in a mass cannot be laid on the table or postponed,
but when an order has been actually taken up it may, by a majority
vote, be laid on the table, or postponed, or committed, so that, if
there is no other order to interfere, the consideration of the question
previously pending will be resumed. Whenever the orders of the day are
disposed of, the consideration of the interrupted business is taken up
at the point where it was interrupted by the call for the orders of the
day. By suspending the rules by a two-thirds vote any question may be
taken up out of its proper order.
_Orders of the Day._ When one or more subjects have been assigned to a
particular day or hour (by postponing them to, or making them special
orders for, that day or hour, or by adopting a program or order of
business), they become the orders of the day for that day or hour, and
they cannot be considered before that time, except by a two-thirds
vote. They are divided into General Orders and Special Orders, the
latter always taking precedence of the former.
A _General Order_ is usually made by simply postponing a question to
a certain day or hour, or after a certain event. It does not suspend
any rule, and therefore cannot interrupt business. But after the
appointed hour has arrived it has the preference, when no question
is pending, over all other questions except special orders and
reconsideration. It cannot be considered before the appointed time
except by a reconsideration or by a two-thirds vote. When the order of
business provides for orders of the day, questions simply postponed to
a meeting, without specifying the hour, come up under that head. If no
provision is made for orders of the day, then such postponed questions
come up after the disposal of the business pending at the previous
adjournment, and after the questions on the calendar that were not
disposed of at the previous meeting.
An order of business that specifies the order in which, but not
the time when, the business shall be transacted, together with the
postponed questions constitutes the general orders. This order cannot
be varied from except by general consent or by suspending the rules
by a two-thirds vote. If all of this business is not disposed of
before adjournment, it becomes “unfinished business,” and is treated
as unfinished business, as explained in =17= under The Effect Upon
Unfinished Business of an Adjournment.
As general orders cannot interrupt the consideration of a pending
question, it follows that any general order made for an earlier hour,
though made afterwards, by not being disposed of in time may interfere
with the general order previously made. Therefore, general orders must
take precedence among themselves in the order of the times to which
they were postponed, regardless of when the general order was made. If
several are appointed for the same time, then they take precedence in
the order in which they were made. If several appointed for the same
time were made at the same time, then they take precedence in the order
in which they were arranged in the motion making the general order.
To _Make a Special Order_ requires a two-thirds vote, because it
suspends all rules that interfere with its consideration at the
specified time, except those relating to motions for adjournment
or recess, or to questions of privilege, or to special orders made
before it was made. A pending question is made a special order for a
future time by “Postponing it and making it a special order for that
time.” [See Postpone to a Certain Time, =31=, which should be read in
connection with this section.] If the question is not pending, the
motion to make it a special order for a certain time is a main motion,
debatable, amendable, etc. The member desirous of making it a special
order should obtain the floor when nothing is pending, and business
of that class, or new business, is in order, and say, “I move that the
following resolution be made the special order for [specifying the
time],” and then reads the resolution and hands it to the chair. Or
he may adopt this form: “I offer the following resolution, and move
that it be made a special order for the next meeting.” Or, in case a
committee has been appointed to submit a revision of the constitution,
the following resolution may be adopted: “Resolved, That the revision
of the constitution be made the special order for Thursday morning and
thereafter until it is disposed of.” Another way of making special
orders is by adopting a program, or order of business, in which is
specified the hour for taking up each topic.
_Program._ It is customary to adopt a program, or order of business,
in conventions in session for several days. Since the delegates and
invited speakers come from a distance, it is very important that the
program be strictly adhered to. No change can be made in it after
its adoption by the assembly, except by a two-thirds vote. When the
hour assigned to a certain topic arrives, the chair puts to vote any
questions pending and announces the topic for the hour. This is done
because, under such circumstances, the form of the program implies
that the hour, or other time, assigned to each topic is all that can
be allowed. But, if any one moves to lay the question on the table, or
postpone it to a certain time, or refer it to a committee, the chair
should recognize the motion and immediately put it to vote without
debate. Should any one move to extend the time allotted the pending
question, it should be decided instantly without debate, a two-thirds
vote being necessary for the extension. It is seldom that an extension
is desirable, as it is unfair to the next topic. When an invited
speaker exceeds his time it is extremely discourteous to call for the
orders of the day. The chair should have an understanding with invited
speakers as to how he will indicate the expiration of their time. This
can be done by tapping on a book or a bell. It is usually better to
have it understood that the signal will be given one minute before
the time expires, or longer if the speaker wishes it, so that he can
properly close his address. At the expiration of the time the presiding
officer should rise and attract the attention of the speaker and, if
he still continues speaking, the chair should say that the time has
expired, etc.
A _series of special orders made by a single vote_ is treated the same
as a program—that is, at the hour assigned to a particular subject it
interrupts the question assigned to the previous hour. If it is desired
to continue the discussion of the pending topic at another time, it
can be laid on the table or postponed until after the close of the
interrupting question, by a majority vote.
_Special Orders made at different times for specified hours._ When
special orders that have been made at different times come into
conflict, the one that was first made takes precedence of all special
orders made afterwards, though the latter were made for an earlier
hour. No special order can be made so as to interfere with one
previously made. By reconsidering the vote making the first special
order, they can be arranged in the order desired. Suppose, after a
special order has been made for 3 P.M., one is made for 2 P.M., and
still later one is made for 4 P.M.; if the 2 P.M. order is pending at 3
P.M., the order for 3 P.M., having been made first, interrupts it and
continues, if not previously disposed of, beyond 4 P.M., regardless of
the special order for that hour. When it, the 3 P.M. order, is disposed
of, the special order for 2 P.M. is resumed even if it is after 4
o’clock, because the 2 P.M. order was made before the 4 P.M. order.
The only exception to this rule is in the case of the hour fixed for
recess or adjournment. When that hour arrives the chair announces it
and declares the assembly adjourned, or in recess, even though there
is a special order pending that was made before the hour for recess or
adjournment was fixed. When the chair announces the hour, any one can
move to postpone the time for adjournment, or to extend the time for
considering the pending question a certain number of minutes. These
motions are undebatable, and require a two-thirds vote.
_Special Orders when only the day or meeting is specified._ Often
subjects are made special orders for a meeting without specifying an
hour. If the order of business provides for orders of the day, they
come up under that head, taking precedence of general orders. If there
is no provision for orders of the day, they come up under unfinished
business—that is, before new business. If there is no order of
business, then they may be called up at any time after the minutes are
disposed of.
_The Special Order for a Meeting._ Sometimes a subject is made the
special order for a meeting, as for Tuesday morning in a convention,
in which case it is announced by the chair as the pending business
immediately after the disposal of the minutes. This particular form is
used when it is desired to devote an entire meeting, or so much of it
as is necessary, to considering a special subject, as the revision of
the by-laws. This form of a special order should take precedence of the
other forms of special orders. It is debatable and amendable.
Art. IV. Incidental Motions.
See =13= for a list and the general characteristics of these motions.
=21. Questions of Order and Appeal.= A _Question of Order_ takes
precedence of the pending question out of which it arises; is in
order when another has the floor, even interrupting a speech or the
reading of a report; does not require a second; cannot be amended or
have any other subsidiary motion applied to it; yields to privileged
motions and the motion to lay on the table; and must be decided by
the presiding officer without debate, unless in doubtful cases he
submits the question to the assembly for decision, in which case it is
debatable whenever an appeal would be. Before rendering his decision
he may request the advice of persons of experience, which advice or
opinion should usually be given sitting to avoid the appearance of
debate. If the chair is still in doubt, he may submit the question
to the assembly for its decision in a manner similar to this: “Mr. A
raises the point of order that the amendment just offered [state the
amendment] is not germane to the resolution. The chair is in doubt,
and submits the question to the assembly. The question is, ‘Is the
amendment germane to the resolution?’” As no appeal can be taken from
the decision of the assembly, this question is open to debate whenever
an appeal would be, if the chair decided the question and an appeal
were made from that decision. Therefore, it is debatable except when it
relates to indecorum, or transgression of the rules of speaking, or to
the priority of business, or when it is made during a division of the
assembly, or while an undebatable question is pending. The question is
put thus: “As many as are of opinion that the amendment is germane [or
that the point is well taken] say _aye_; as many as are of a contrary
opinion say _no_. The ayes have it, the amendment is in order, and the
question is on its adoption.” If the negative vote is the larger it
would be announced thus: “The noes have it, the amendment is out of
order, and the question is on the adoption of the resolution.” Whenever
the presiding officer decides a question of order, he has the right,
without leaving his chair, to state the reasons for his decision, and
any two members have the right to appeal from the decision, one making
the appeal and the other seconding it.
It is the duty of the presiding officer to enforce the rules and
orders of the assembly, without debate or delay. It is also the right
of every member who notices the breach of a rule, to insist upon its
enforcement. In such a case he rises from his seat and says, “Mr.
Chairman, I rise to a point of order.” The speaker immediately takes
his seat, and the chairman requests the member to state his point of
order, which he does and resumes his seat. The chair decides the point,
and then, if no appeal is taken and the member has not been guilty of
any serious breach of decorum, the chair permits him to resume his
speech. But, if his remarks are decided to be improper and any one
objects, he cannot continue without a vote of the assembly to that
effect. [See =43= for a full treatment of this subject of indecorum in
debate]. The question of order must be raised at the time the breach of
order occurs, so that after a motion has been discussed it is too late
to raise the question as to whether it was in order, or for the chair
to rule the motion out of order. The only exception is where the motion
is in violation of the laws, or the constitution, by-laws, or standing
rules of the organization, or of fundamental parliamentary principles,
so that if adopted it would be null and void. In such cases it is never
too late to raise a point of order against the motion. This is called
raising a question, or point, of order, because the member in effect
puts to the chair, whose duty it is to enforce order, the question as
to whether there is not now a breach of order.
Instead of the method just described, it is usual, when it is simply
a case of improper language used in debate, for the chair to call
the speaker to order, or for a member to say, “I call the gentleman
to order.” The chairman decides whether the speaker is in or out of
order, and proceeds as before.
_Appeal._ An appeal may be made from any decision of the chair (except
when another appeal is pending), but it can be made only at the time
the ruling is made. It is in order while another member has the floor.
If any debate or business has intervened it is too late to appeal. An
answer to a parliamentary inquiry is not a decision, and therefore
cannot be appealed from. While an appeal is pending a question of
order may be raised, which the chair decides peremptorily, there being
no appeal from this decision. But the question as to the correctness
of the ruling can be brought up afterwards when no other business is
pending. An appeal yields to privileged motions, and to the motion to
lay on the table. The effect of subsidiary motions is as follows: An
appeal cannot be amended. If the decision from which an appeal is taken
is of such a nature that the reversal of the ruling would not in any
way affect the consideration of, or action on, the main question, then
the main question does not adhere to the appeal, and its consideration
is resumed as soon as the appeal is laid on the table, postponed, etc.
But if the ruling affects the consideration of, or action on, the main
question, then the main question adheres to the appeal, and when the
latter is laid on the table, or postponed, the main question goes with
it. Thus, if the appeal is from the decision that a proposed amendment
is out of order and the appeal is laid on the table, it would be absurd
to come to final action on the main question and then afterwards
reverse the decision of the chair and take up the amendment when there
was no question to amend. The vote on an appeal may be reconsidered.
An appeal cannot be debated when it relates simply to indecorum, or
to transgression of the rules of speaking, or to the priority of
business, or if made during a division of the assembly, or while the
immediately pending question is undebatable. When debatable, as it is
in all other cases, no member is allowed to speak more than once except
the presiding officer, who may at the close of the debate answer the
arguments against the decision. Whether debatable or not, the chairman
when stating the question on the appeal may, without leaving the chair,
state the reasons for his decision.
When a member wishes to appeal from the decision of the chair he rises
as soon as the decision is made, even though another has the floor, and
without waiting to be recognized by the chair, says, “Mr. Chairman, I
appeal from the decision of the chair.” If this appeal is seconded, the
chair should state clearly the question at issue, and his reasons for
the decision if he thinks it necessary, and then state the question
thus: “The question is, ‘Shall the decision of the chair stand as the
judgment of the assembly [or society, or club, etc.]?’” or, “Shall the
decision of the chair be sustained?” To put the question he would say,
“Those in the affirmative say _aye_,” and after the affirmative vote
has been taken he would say, “Those in the negative say _no_. The ayes
have it and the decision of the chair is sustained [or stands as the
judgment of the assembly].” Or, “The noes have it and the decision of
the chair is reversed.” In either case he immediately announces what is
before the assembly as the result of the vote. If there is a tie vote
the chair is sustained, and if the chair is a member of the assembly
he may vote to make it a tie, on the principle that the decision of
the chair stands until reversed by a majority, including the chairman
if he is a member of the assembly. In stating the question, the word
“assembly” should be replaced by “society,” or “club,” or “board,”
etc., as the case may be. The announcement of a vote is not a decision
of the chair. If a member doubts the correctness of the announcement he
cannot appeal, but should call for a “Division” [=25=].
=22. Suspension of the Rules.={12} The motion to suspend the rules may
be made at any time when no question is pending; or while a question
is pending, provided it is for a purpose connected with that question.
It yields to all the privileged motions (except a call for the orders
of the day), to the motion to lay on the table, and to incidental
motions arising out of itself. It is undebatable and cannot be amended
or have any other subsidiary motion applied to it, nor can a vote on
it be reconsidered, nor can a motion to suspend the rules for the same
purpose be renewed at the same meeting except by unanimous consent,
though it may be renewed after an adjournment, even if the next meeting
is held the same day.
{12} In Congress the former practice was to suspend the rule as to the
order of business in order to consider a particular bill, but now it is
customary “to suspend the rule and pass” the resolution or bill. H. R.
Rule 27 contains the following:
“1. No rule shall be suspended except by a vote of two-thirds of the
members voting, a quorum being present; nor shall the Speaker entertain
a motion to suspend the rules except on the first and third Mondays of
each month, preference being given on the first Monday to individuals
and on the third Monday to committees, and during the last six days of
a session.
“2. All motions to suspend the rules shall, before being submitted to
the House, be seconded by a majority by tellers, if demanded.
“3. When a motion to suspend the rules has been seconded, it shall
be in order, before the final vote is taken thereon, to debate the
proposition to be voted upon for forty minutes, one-half of such time
to be given to debate in favor of, and one-half to debate in opposition
to, such proposition; and the same right of debate shall be allowed
whenever the previous question has been ordered on any proposition on
which there has been no debate.”
When the assembly wishes to do something that cannot be done without
violating its own rules, and yet it is not in conflict with its
constitution, or by-laws, or with the fundamental principles of
parliamentary law, it “suspends the rules that interfere with” the
proposed action. The object of the suspension must be specified, and
nothing else can be done under the suspension. The rules that can be
suspended are those relating to priority of business, or to business
procedure, or to admission to the meetings, etc., and would usually
be comprised under the heads of rules of order. Sometimes societies
include in their by-laws some rules relating to the transaction of
business without any intention, evidently, of giving these rules any
greater stability than is possessed by other rules of their class,
and they may be suspended the same as if they were called rules of
order. A standing rule as defined in 67 may be suspended by a majority
vote. But sometimes the term “standing rules” is applied to what are
strictly rules of order, and then, like rules of order, they require a
two-thirds vote for their suspension. Nothing that requires previous
notice and a two-thirds vote for its amendment can be suspended by less
than a two-thirds vote.
No rule can be suspended when the negative vote is as large as the
minority protected by that rule; nor can a rule protecting absentees be
suspended even by general consent or a unanimous vote. For instance,
a rule requiring notice of a motion to be given at a previous meeting
cannot be suspended by a unanimous vote, as it protects absentees who
do not give their consent. A rule requiring officers to be elected
by ballot cannot be suspended by a unanimous vote, because the rule
protects a minority of one from exposing his vote, and this he must
do if he votes openly in the negative, or objects to giving general
consent. Nor can this result be accomplished by voting that the ballot
of the assembly be cast by the secretary or any one else, as this does
away with the essential principle of the ballot, namely, secrecy, and
is a suspension of the by-law, and practically allows a viva voce vote.
If it is desired to allow the suspension of a by-law that cannot be
suspended under these rules, then it is necessary to provide in the
by-laws for its suspension.
The _Form_ of this motion is, “to suspend the rules that interfere
with,” etc., stating the object of the suspension, as, “the
consideration of a resolution on ........,” which resolution is
immediately offered after the rules are suspended, the chair
recognizing for that purpose the member that moved to suspend the
rules. Or, if it is desired to consider a question which has been laid
on the table, and cannot be taken up at that time because that class
of business is not then in order, or to consider a question that has
been postponed to another time, or that is in the order of business for
another time, then the motion may be made thus, “I move to suspend the
rules and take up [or consider] the resolution....” When the object
is not to take up a question for discussion but to adopt it without
debate, the motion is made thus: “I move to suspend the rules and
adopt [or agree to] the following resolution,” which is then read: or,
“I move to suspend the rules, and adopt [or agree to] the resolution
on....” The same form may be used in a case like this: “I move to
suspend the rules, and admit to the privileges of the floor members of
sister societies,” which merely admits them to the hall.
Instead of a formal motion to suspend the rules, it is more usual to
ask for general consent to do the particular business that is out of
order. As soon as the request is made the chair inquires if there is
any objection, and if no one objects, he directs the member to proceed
just as if the rules had been suspended by a formal vote. [See General
Consent 48.]
=23. Objection to the Consideration of a Question.= An objection may
be made to the consideration of any original main motion, and to no
others, provided it is made before there is any debate or before any
subsidiary motion is stated. Thus, it may be applied to petitions and
to communications that are not from a superior body, as well as to
resolutions. It cannot be applied to incidental main motions [=11=],
such as amendments to by-laws, or to reports of committees on subjects
referred to them, etc. It is similar to a question of order in that it
can be made when another has the floor, and does not require a second;
and as the chairman can call a member to order, so he can put this
question, if he deems it advisable, upon his own responsibility. It
cannot be debated, or amended, or have any other subsidiary motion
applied to it. It yields to privileged motions and to the motion to
lay on the table. A negative, but not an affirmative vote on the
consideration may be reconsidered.{13}
{13} In Congress the introduction of a question may be prevented
temporarily by a majority vote under H. R. Rule 16, §3, which is as
follows: “3. When any motion or proposition is made, the question,
Will the House now consider it? shall not be put unless demanded by a
member.” If the House refuses to consider a bill the vote cannot be
reconsidered. But this refusal does not prevent the question’s being
again introduced the same session. In assemblies having brief sessions
lasting usually only a few hours, or at most not over a week, it is
necessary that the assembly have the power by a two-thirds vote to
decide that a question shall not be introduced during that session. As
the refusal to consider the question prevents its renewal during the
session, the vote may be reconsidered.
When an original main motion is made and any member wishes to prevent
its consideration, he rises, although another has the floor, and says,
“Mr. Chairman, I object to its consideration.” The chairman immediately
puts the question, “The consideration of the question has been
objected to: Will the assembly consider it? [or, Shall the question
be considered?]” If decided in the negative by a two-thirds vote, the
whole matter is dismissed for that session; otherwise, the discussion
continues as if this objection had never been made. The same question
may be introduced at any succeeding session.
The _Object_ of this motion is not to cut off debate (for which
other motions are provided) but to enable the assembly to avoid
altogether any question which it may deem irrelevant, unprofitable,
or contentious. If the chair considers the question entirely outside
the objects of the society, he should rule it out of order, from which
decision an appeal may be taken.
Objection to the consideration of a question must not be confounded
with objecting where unanimous consent, or a majority vote, is
required. Thus, in case of the minority of a committee desiring to
submit their views, a single member saying, “I object,” prevents it,
unless the assembly by a majority vote grants them permission.
=24. Division of a Question, and Consideration by Paragraph.= _Division
of a Question._ {14} The motion to divide a question can be applied
only to main motions and to amendments. It takes precedence of nothing
but the motion to postpone indefinitely, and yields to all privileged,
incidental, and subsidiary motions except to amend and to postpone
indefinitely. It may be amended but can have no other subsidiary motion
applied to it. It is undebatable. It may be made at any time when
the question to be divided, or the motion to postpone indefinitely,
is immediately pending, even after the previous question has been
ordered. But it is preferable to divide the question when it is first
introduced. When divided each resolution or proposition is considered
and voted on separately, the same as if it had been offered alone.
The motion to adopt, which was pending when the question was divided,
applies to all the parts into which the question has been divided and
should not, therefore, be repeated. The formality of a vote on dividing
the question is generally dispensed with, as it is usually arranged by
general consent. But if this cannot be done, then a formal motion to
divide is necessary, specifying the exact method of division.
{14} Section 6 of H. R. Rule 16 is as follows: “6. On the demand of any
member, before the question is put, a question shall be divided if it
include propositions so distinct in substance that one being taken away
a substantive proposition shall remain.”