each of which is capable of standing as a complete proposition if the
others are removed, it can be divided into two or more propositions to
be considered and voted on as distinct questions, by the assembly’s
adopting a motion to divide the question in a specified manner. The
motion must clearly state how the question is to be divided, and
any one else may propose a different division, and these different
propositions, or amendments, should be treated as filling blanks;
that is, they should be voted on in the order in which they are made,
unless they suggest different numbers of questions, when the largest
number is voted on first. If a resolution includes several distinct
propositions, but is so written that they cannot be separated without
its being rewritten, the question can not be divided. The division must
not require the secretary to do more than to mechanically separate the
resolution into the required parts, prefixing to each part the words
“_Resolved_, That,” or “_Ordered_, That,” and dropping conjunctions
when necessary, and replacing pronouns by the nouns for which they
stand, wherever the division makes it necessary. When the question is
divided, each separate question must be a proper one for the assembly
to act upon, if none of the others is adopted. Thus, a motion to
“commit with instructions” is indivisible; because, if divided, and the
motion to commit should fail, then the other motion, to instruct the
committee, would be absurd, as there would be no committee to instruct.
The motion to “strike out certain words and insert others” is strictly
one proposition and therefore indivisible.
If a series of independent resolutions relating to different subjects
is included in one motion, it must be divided on the request of a
single member, which request may be made while another has the floor.
But however complicated a single proposition may be, no member has
a right to insist upon its division. His remedy is to move that it
be divided, if it is capable of division, or, if not, to move to
strike out the objectionable parts. A motion to strike out a name in
a resolution brings the assembly to a vote on that name just as well
as would a division of the question, if it were allowed to go to that
extent, which it is not. If a series of resolutions is proposed as a
substitute for another series, such a motion is incapable of division;
but a motion can be made to strike out any of the resolutions before
the vote is taken on the substitution. After they have been substituted
it is too late to strike out any of them. When a committee reports a
number of amendments to a resolution referred to it, one vote may be
taken on adopting, or agreeing to, all the amendments provided no one
objects. But if a single member requests separate votes on one or more
of the amendments, they must be considered separately. The others may
all be voted on together.
_Consideration by Paragraph or Seriatim._ Where an elaborate
proposition is submitted, like a series of resolutions on one subject,
or a set of by-laws, the parts being intimately connected, it should
not be divided. The division would add greatly to the difficulty of
perfecting the different paragraphs or by-laws by amendments. If
the paragraphs are adopted separately, and amendments to succeeding
paragraphs make it necessary to amend a preceding one, it can be done
only by first reconsidering the vote on the preceding paragraph. In
the case of by-laws the trouble is increased, because each by-law
goes into effect as soon as adopted, and its amendment is controlled
by any by-law or rule that may have been adopted on the subject.
When the paragraphs are voted on separately no vote should be taken
on the whole. But in all such cases the proper course is to consider
the proposition by paragraph, or section, or resolution, or, as it is
often called, _seriatim_. The chair should always adopt this course
when the question consists of several paragraphs or resolutions, unless
he thinks the assembly wishes to act on them immediately as a whole,
when he asks if they shall be taken up by paragraph, and the matter is
settled informally. Should the chair neglect to take up the proposition
by paragraph, any one may move that the proposition be considered by
paragraph, or seriatim.
The method of procedure in acting upon a complicated report, as, a set
of by-laws, or a series of resolutions that cannot well be divided, is
as follows, the word “paragraph” being used to designate the natural
subdivisions, whether they are paragraphs, sections, articles, or
resolutions. The member submitting the report, having obtained the
floor, says that such and such a committee submits the following
report; or, that the committee recommends the adoption of the following
resolutions. In either case he reads the report, or resolutions, and
moves their adoption. Should he neglect to move their adoption the
chair should call for such a motion, or he may assume the motion and
state the question accordingly. The chairman, or the secretary, or
the member who reported it, as the chair decides is for the best
interest of the assembly, then reads the first paragraph, which is
explained by the reporting member, after which the chair asks, “Are
there any amendments to this paragraph?” The paragraph is then open to
debate and amendment. When no further amendments are proposed to this
paragraph, the chair says, “There being no further amendments to this
paragraph the next will be read.” In a similar manner each paragraph in
succession is read, explained if necessary, debated, and amended, the
paragraphs being amended but not adopted. After all the paragraphs have
been amended, the chair says the entire by-law, or paper, or resolution
is open to amendment, when additional paragraphs may be inserted and
any paragraph may be further amended. When the paper is satisfactorily
amended, the preamble, if any, is treated the same way, and then a
single vote is taken on the adoption of the entire paper, report,
or series of resolutions. If the previous question is ordered on a
resolution, or series of resolutions, or on a set of by-laws, before
the preamble has been considered it does not apply to the preamble,
unless expressly so stated, because the preamble cannot be considered
until after debate has ceased on the resolutions or by-laws. It is not
necessary to amend the numbers of the sections, paragraphs, etc., as
it is the duty of the secretary to make all such corrections where
changes are rendered necessary by amendments.
=25. Division of the Assembly, and other Motions relating to Voting.=
_A Division of the Assembly_ {15} may be called for, without obtaining
the floor, at any time after the question has been put, even after
the vote has been announced and another has the floor, provided the
vote was taken viva voce, or by show of hands, and it is called for
before another motion has been made. This call, or motion, is made by
saying, “I call for a division,” or “I doubt the vote,” or simply by
calling out, “Division.” It does not require a second, and cannot be
debated, or amended, or have any other subsidiary motion applied to it.
As soon as a division is called for, the chair proceeds again to take
the vote, this time by having the affirmative rise, and then when they
are seated having the negative rise. While any member has the right to
insist upon a rising vote, or a division, where there is any question
as to the vote being a true expression of the will of the assembly, the
chair should not permit this privilege to be abused to the annoyance of
the assembly, by members constantly demanding a division where there
is a full vote and no question as to which side is in the majority.
It requires a majority vote to order the vote to be counted, or to be
taken by yeas and nays (roll call) or by ballot. These motions are
incidental to the question that is pending or has just been pending,
and cannot be debated. When different methods are suggested they are
usually treated not as amendments, but like filling blanks, the vote
being taken first on the one taking the most time. In practice the
method of taking a vote is generally agreed upon without the formality
of a vote.
{15} See foot note, page 40, for the rule of Congress.
When the vote is taken by ballot during a meeting of the assembly,
as soon as the chair thinks all have voted who wish to, he inquires
if all have voted, and if there is no response he declares the polls
closed, and the tellers proceed to count the vote. If a formal motion
is made to close the polls it should not be recognized until all have
presumably voted, and then it requires a two-thirds vote like motions
to close debate or nominations. If members enter afterwards and it is
desired to reopen the polls it can be done by a majority vote. None of
these motions are debatable.
=26. Motions relating to Nominations.= If no method of making
nominations is designated by the by-laws or rules, and the assembly has
adopted no order on the subject, any one can make a motion prescribing
the method of nomination for an office to be filled. If the election
is pending, this motion is incidental to it; if the election is not
pending, it is an incidental main motion. It is undebatable and when
it is an incidental motion it can have no subsidiary motion applied
to it except to amend. It yields to privileged motions. The motion may
provide for nominations being made by the chair; or from the floor, or
open nominations as it is also called; or for a nominating committee to
be appointed; or for nominations to be made by ballot; or by mail. [See
Nominations and Elections, =66=.]
_Closing and Reopening Nominations._ Before proceeding to an election,
if nominations have been made from the floor or by a committee, the
chair should inquire if there are any further nominations. If there is
no response he declares the nominations closed. In very large bodies
it is customary to make a motion to close nominations, but until a
reasonable time has been given, this motion is not in order. It is
a main motion, incidental to the nominations and elections, cannot
be debated, can be amended as to the time, but can have no other
subsidiary motion applied to it. It yields to privileged motions, and
requires a two-thirds vote as it deprives members of one of their
rights.
If for any reason it is desired to reopen nominations it may be done
by a majority vote. This motion is undebatable. It can be amended as
to the time, but no other subsidiary motion can be applied to it. It
yields to privileged motions.
=27. Requests Growing out of the Business of the Assembly.= During
the meetings of a deliberative assembly there are occasions when
members wish to obtain information, or to do or to have done things
that necessitate their making a request. Among these are the following,
which will be treated separately:
(_a_) _Parliamentary Inquiry_; (_b_) _Request for Information_; (_c_)
_Leave to Withdraw a Motion_; (_d_) _Reading Papers_; (_e_) _To be
Excused from a Duty_; (_f_) _For any other Privilege_.
(_a_) _Parliamentary Inquiry._ A parliamentary inquiry, if it relates
to a question that requires immediate attention, may be made while
another has the floor, or may even interrupt a speech. It should not,
however, be permitted to interrupt a speaker any more than is necessary
to do justice to the inquirer. It yields to privileged motions, if
they were in order when the inquiry was made, and it cannot be debated
or amended or have any other subsidiary motion applied to it. The
inquirer does not obtain the floor, but rises and says, “Mr. Chairman,
I rise to a parliamentary inquiry.” The chairman asks him to state
his inquiry, and if he deems it pertinent, he answers it. Or, if the
inquiry is made when another has the floor, and there is no necessity
for answering it until the speech is finished, the chair may defer
his answer until the speaker has closed his remarks. While it is not
the duty of the chairman to answer questions of parliamentary law
in general, it is his duty when requested by a member, to answer any
questions on parliamentary law pertinent to the pending business that
may be necessary to enable the member to make a suitable motion or
to raise a point of order. The chairman is supposed to be familiar
with parliamentary law, while many of the members are not. A member
wishing to raise a point of order and yet in doubt, should rise to a
parliamentary inquiry and ask for information. Or, for instance, he may
wish to have the assembly act immediately on a subject that is in the
hands of a committee, and he does not know how to accomplish it;—his
recourse is a parliamentary inquiry.
(_b_) _Request for Information._ A request for information relating to
the pending business is treated just as a parliamentary inquiry, and
has the same privileges. The inquirer rises and says, “Mr. Chairman,
I rise for information,” or, “I rise to a point of information,”
whereupon the chair directs him to state the point upon which he
desires information, and the procedure continues as in case of a
parliamentary inquiry. If the information is desired of the speaker,
instead of the chair, the inquirer upon rising says, “Mr. Chairman, I
should like to ask the gentleman a question.” The chairman inquires
if the speaker is willing to be interrupted, and if he consents, he
directs the inquirer to proceed. The inquirer then asks the question
through the chair, thus, “Mr. Chairman, I should like to ask the
gentleman,” etc. The reply is made in the same way, as it is not in
order for members to address one another in the assembly. While each
speaker addresses the chair, the chair remains silent during the
conversation. If the speaker consents to the interruption the time
consumed is taken out of his time.
(_c_) _Leave to Withdraw or Modify a Motion._ {16} A request for leave
to withdraw a motion, or a motion to grant such leave, may be made
at any time before voting on the question has commenced, even though
the motion has been amended. It requires no second. It may be made
while incidental or subsidiary motions are pending, and these motions
cease to be before the assembly when the question to which they are
incidental or subsidiary is withdrawn. It yields to privileged motions,
and cannot be amended or have any other subsidiary motion applied to
it. It is undebatable. When it is too late to renew it, the motion
to reconsider cannot be withdrawn without unanimous consent. When a
motion is withdrawn, the effect is the same as if it had never been
made. Until a motion is stated by the chairman, the mover may withdraw
or modify it without asking consent of any one. If he modifies it the
seconder may withdraw his second. After the question has been stated
it is in possession of the assembly, and he can neither withdraw nor
modify it without the consent of the assembly. When the mover requests
permission to modify or withdraw his motion, the chair asks if there
is any objection, and if there is none he announces that the motion is
withdrawn or modified in such and such a way, as the case may be. If
any one objects the chair puts the question on granting the request,
or a motion may be made to grant it. In case the mover of a main
motion wishes to accept an amendment that has been offered, without
obtaining the floor, he says, “Mr. Chairman, I accept the amendment.”
If no objection is made the chair announces the question as amended.
If any one objects, the chair states the question on the amendment, as
it can be accepted only by general consent. A request for leave to do
anything is treated the same as a motion to grant the leave except that
the request must be made by the maker of the motion it is proposed to
modify, while the motion to grant the leave is made by some one else
and therefore requires no second as it is favored by the one making the
request.
{16} In Congress a motion “may be withdrawn at any time before a
decision or amendment.” H. R. Rule 16, §2. The rule given above, which
is in accordance with the common parliamentary law, is better adapted
to ordinary assemblies.
(_d_) _Reading Papers._ If any member objects, a member has no right
to read, or have the clerk read, from any paper or book, as a part of
his speech, without the permission of the assembly. The request or the
motion to grant such permission yields to privileged motions. It cannot
be debated, or amended, or have any other subsidiary motion applied to
it. It is customary, however, to allow members to read printed extracts
as parts of their speeches, as long as they do not abuse the privilege.
Where papers are laid before the assembly, every member has a right
to have them read once, or if there is debate or amendment he has the
right to have them read again, before he can be compelled to vote
on them. Whenever a member asks for the reading of any such paper
evidently for information, and not for delay, the chair should direct
it to be read, if no one objects. But a member has not the right to
have anything read (excepting as stated above) without permission of
the assembly. If a member was absent from the hall when the paper under
consideration was read, even though absent on duty, he cannot insist
on its being again read, as the convenience of the assembly is of more
importance than that of a single member.
(_e_) _To be Excused from a Duty._ If a member is elected to office,
or appointed on a committee, or has any other duty placed on him, and
he is unable or unwilling to perform the duty, if present he should
decline it immediately, and if absent he should, upon learning of the
fact, at once notify the secretary or president orally or in writing
that he cannot accept the duty. In most organizations members cannot
be compelled to accept office or perform any duties not required by the
by-laws, and therefore they have the right to decline office. But if
a member does not immediately decline, by his silence he accepts the
office, and is under obligation to perform the duty until there has
been a reasonable opportunity for his resignation to be accepted. The
secretary, for instance, cannot relieve himself from the responsibility
of his office by resigning. His responsibility as secretary does not
cease until his resignation is accepted, or, at least, until there has
been a reasonable time for its acceptance. It is seldom good policy to
decline to accept a resignation. As a member has no right to continue
to hold an office the duties of which he cannot or will not perform,
so a society has no right to force an office on an unwilling member.
When a member declines an office, no motion is necessary, unless the
by-laws of the society make the performance of such duties obligatory
upon members. If the member is present at the election, the vacancy is
filled as if no one had been elected. If the member was not present
at the election, when the chair announces his refusal to take the
office, as it is a question of privilege relating to the organization
of the society, the election to fill the vacancy may take place at once
unless notice is required, or other provision for filling vacancies is
provided by the by-laws. In the case of a resignation, the chair may
at once state the question on accepting it, or a motion to that effect
may be made. In either case it is debatable and may have any subsidiary
motion applied to it. It yields to privileged and incidental motions.
(_f_) _Request for Any Other Privilege._ When any request is to be made
the member rises and addresses the chair, and as soon as he catches the
eye of the chairman, states at once why he rises. He should rise as
soon as a member yields the floor, and, though the floor is assigned to
another, he still makes his request. He should never interrupt a member
while speaking unless he is sure that the urgency of the case justifies
it. As a rule all such questions are settled by general consent, or
informally, but, if objection is made, a vote is taken. An explanation
may be requested or given, but there is no debate. As these requests
arise, they should be treated so as to interrupt the proceedings as
little as is consistent with the demands of justice.
Art. V. Subsidiary Motions.
See =12= for a list and the general characteristics of these motions.
=28. To Lay on the Table.= This motion takes precedence of all other
subsidiary [=12=] motions and of such incidental [=13=] questions as
are pending at the time it is made. It yields to privileged [=14=]
motions and such motions as are incidental to itself. It is undebatable
and cannot have any subsidiary motion applied to it. It may be applied
to any main [=11=] motion; to any question of privilege or order of the
day, after it is before the assembly for consideration; to an appeal
that does not adhere to the main question, so that the action on the
latter would not be affected by the reversal of the chair’s decision;
or to the motion to reconsider when immediately pending, in which case
the question to be reconsidered goes to the table also. No motion that
has another motion adhering to it can be laid on the table by itself;
if laid on the table it carries with it everything that adheres to it.
When a motion is taken from the table [=35=] everything is in the same
condition, as far as practicable, as when the motion was laid on the
table, except that if not taken up until the next session the effect
of the previous question is exhausted. If debate has been closed by
ordering the previous question, or otherwise, up to the moment of
taking the last vote under the order, the questions still before the
assembly may be laid on the table. Thus, if, while a resolution and an
amendment and a motion to commit are pending, the previous question is
ordered on the series of questions, and the vote has been taken and
lost on the motion to commit, it is in order to lay on the table the
resolution, which carries with it the adhering amendment.
This motion cannot be applied to anything except a question actually
pending, therefore it is not in order to lay on the table a class of
questions, as the orders of the day, or unfinished business, or reports
of committees, because they are not pending questions, as only one main
motion can be pending at a time.
To accomplish the desired object, which is evidently to reach a special
subject or class of business, the proper course is to suspend the
rules by a two-thirds vote and take up the desired question or class
of business. Sometimes when it is desired to pass over the next order
or class of business, that business is “passed,” as it is called, by
general consent. In such case, as soon as the business for which it was
“passed” is disposed of, it is then taken up. By general consent, the
business to come before the assembly may be considered in any order the
assembly desires.
If a motion to lay on the table has been made and lost, or if a
question laid on the table has been taken from the table, it shows
that the assembly wishes to consider the question now, and therefore a
motion made the same day to lay that question on the table is out of
order until there has been material progress in business or debate, or
unless an unforeseen urgent matter requires immediate attention. The
assembly cannot be required to vote again the same day on laying the
question on the table unless there is such a change in the state of
affairs as to make it a new question. Motions relating to adjournment
or recess, made and lost, are not business justifying the renewal of
the motion to lay on the table, but the renewal of the motion might be
justified after a vote on an important amendment, or on the motion to
commit. A vote on laying on the table cannot be reconsidered, because,
if lost the motion may be renewed as soon as there has been material
progress in debate or business, or even before if anything unforeseen
occurs of such an urgent nature as to require immediate attention; and
if adopted the question may be taken from the table as soon as the
interrupting business has been disposed of and while no question is
pending, and business of this class, or new or unfinished business, is
in order.
The _Form_ of this motion is, “I move to lay the question on the
table,” or, “That the question be laid on the table,” or, “That the
question lie on the table.” It cannot be qualified in any way; if it is
qualified, thus, “To lay the question on the table until 2 P.M.,” the
chair should state it properly as a motion to postpone until 2 P.M.,
which is a debatable question, and not the motion to lay on the table.
The _Object_ {17} of this motion is to enable the assembly, in order
to attend to more urgent business, to lay aside the pending question
in such a way that its consideration may be resumed at the will of the
assembly as easily as if it were a new question, and in preference
to new questions competing with it for consideration. It is to the
interest of the assembly that this object should be attained instantly
by a majority vote, and therefore this motion must either apply to,
or take precedence of, every debatable motion whatever its rank. It
is undebatable, and requires only a majority vote, notwithstanding
the fact that if not taken from the table the question is suppressed.
These are dangerous privileges which are given to no other motion whose
adoption would result in final action on a main motion. There is a
great temptation to make an improper use of them, and lay questions on
the table for the purpose of instantly suppressing them by a majority
vote, instead of using the previous question, the legitimate motion to
bring the assembly to an immediate vote. The fundamental principles
of parliamentary law require a two-thirds vote for every motion that
suppresses a main question for the session without free debate. The
motion to lay on the table being undebatable, and requiring only a
majority vote, and having the highest rank of all subsidiary motions,
is in direct conflict with these principles, if used to suppress a
question. If habitually used in this way, it should, like the other
motions to suppress without debate, require a two-thirds vote.
{17} The common parliamentary law in regard to this motion is thus
laid down in Section 33 of Jefferson’s Manual, the authority in both
Houses of Congress: “4. When the House has something else which claims
its present attention, but would be willing to reserve in their power
to take up a proposition whenever it shall suit them, they order it
to lie on their table. It may then be called for at any time.” But,
on account of the enormous number of bills introduced each session
and the possibility of considering only a small fraction of them,
Congress has been obliged to find some way by which the majority can
quickly kill a bill. The high rank and undebatability of this motion
enabled it to be used for this purpose by simply allowing its mover
the right of recognition in preference to the member reporting the
bill, and then not allowing a question to be taken from the table
except under a suspension of the rules (unless it is a privileged
matter), which requires a two-thirds vote. This complete revolution in
the use of the motion to lay on the table renders all the practice of
Congress in regard to this motion useless for any ordinary deliberative
assembly. It is the extreme of a “gag law,” and is only justifiable
in an assembly where it is impossible to attend to one-tenth of the
bills and resolutions introduced. In Congress, to lay on the table and
the previous question require the same vote (a majority), and in all
ordinary societies where to lay on the table is habitually used to kill
questions, it should require the same vote as the previous question,
namely, two-thirds.
The minority has no remedy for the unfair use of this motion, but the
evil can be slightly diminished as follows: The person who introduces
a resolution is sometimes cut off from speaking by the motion to lay
the question on the table being made as soon as the chair states
the question, or even before. In such cases the introducer of the
resolution should always claim the floor, to which he is entitled,
and make his speech. Persons are commonly in such a hurry to make
this motion that they neglect to address the chair and thus obtain
the floor. In such case one of the minority should address the chair
quickly, and if not given the floor, make the point of order that he
is the first one to address the chair, and that the other member, not
having the floor, was not entitled to make a motion [=3=].
As motions laid on the table are merely temporarily laid aside, the
majority should remember that the minority may all stay to the moment
of final adjournment and then be in the majority, and take up and pass
the resolutions laid on the table. They may also take the question from
the table at the next meeting in societies having regular meetings as
frequently as quarterly. The safer and fairer method is to object to
the consideration of the question if it is so objectionable that it is
not desired to allow even its introducer to speak on it; or, if there
has been debate so it cannot be objected to, then to move the previous
question, which, if adopted, immediately brings the assembly to a vote.
These are legitimate motions for getting at the sense of the members
at once as to whether they wish the subject discussed, and, as they
require a two-thirds vote, no one has a right to object to their being
adopted.
The _Effect_ of the adoption of this motion is to place on the
table, that is, in charge of the secretary, the pending question and
everything adhering to it; so, if an amendment is pending to a motion
to refer a resolution to a committee, and the question is laid on the
table, all these questions go together to the table, and when taken
from the table they all come up together. An amendment proposed to
anything already adopted is a main motion, and therefore when laid on
the table, does not carry with it the thing proposed to be amended. A
question of privilege may be laid on the table without carrying with
it the question it interrupted. In legislative bodies, and all others
that do not have regular sessions as often as quarterly, questions
laid on the table remain there for that entire session, unless taken
up before the session closes. In deliberative bodies with regular
sessions as frequent as quarterly, the sessions usually are very
short and questions laid on the table remain there until the close of
the next regular session, if not taken up earlier: just as in the
same assemblies a question can be postponed to the next session, and
the effect of the motion to reconsider, if not called up, does not
terminate until the close of the next session. The reasons for any
one of these rules apply with nearly equal force to the others. While
a question is on the table no motion on the same subject is in order
that would in any way affect the question that is on the table; it is
necessary first to take the question from the table and move the new
one as a substitute, or to make such other motion as is adapted to the
case.
=29. The Previous Question={18} takes precedence of all subsidiary
[=12=] motions except to lay on the table, and yields to privileged
[=14=] and incidental [=13=] motions, and to the motion to lay on
the table. It is undebatable, and cannot be amended or have any
other subsidiary motion applied to it. The effect of an amendment
may be obtained by calling for, or moving, the previous question on
a different set of the pending questions (which must be consecutive
and include the immediately pending question), in which case the vote
is taken first on the motion which orders the previous question on
the largest number of questions. It may be applied to any debatable
or amendable motion or motions, and if unqualified it applies only to
the immediately pending motion. It may be qualified so as to apply
to a series of pending questions, or to a consecutive part of a
series beginning with the immediately pending question. It requires
a two-thirds vote for its adoption. After the previous question has
been ordered, up to the time of taking the last vote under it, the
questions that have not been voted on may be laid on the table, but
can have no other subsidiary motions applied to them. An appeal made
after the previous question has been demanded or ordered and before
its exhaustion, is undebatable. The previous question, before any
vote has been taken under it, may be reconsidered, but not after
its partial execution. As no one would vote to reconsider the vote
ordering the previous question who was not opposed to the previous
question, it follows that if the motion to reconsider prevails, it
will be impossible to secure a two-thirds vote for the previous
question, and, therefore, if it is voted to reconsider the previous
question it is considered as rejecting that question and placing the
business as it was before the previous question was moved. If a vote
taken under the previous question is reconsidered before the previous
question is exhausted, there can be no debate or amendment of the
proposition; but if the reconsideration is after the previous question
is exhausted, then the motion to reconsider, as well as the question to
be reconsidered, is divested of the previous question and is debatable.
If lost, the previous question may be renewed after sufficient progress
in debate to make it a new question.
{18} The previous question is the only motion used in the House of
Representatives for closing debate. It may be ordered by a majority
vote. If there has been no previous debate on the subject, forty
minutes of debate, to be equally divided between those opposed to
and those in favor of the proposition, is allowed after the previous
question has been ordered. The motion is not allowed in the Senate.
House Rule 17 is as follows:
“1. There shall be a motion for the previous question, which, being
ordered by a majority of members voting, if a quorum be present, shall
have the effect to cut off all debate and bring the House to a direct
vote upon the immediate question or questions on which it has been
asked and ordered. The previous question may be asked and ordered upon
a single motion, a series of motions allowable under the rules, or
an amendment or amendments, or may be made to embrace all authorized
motions or amendments and include the bill to its passage or rejection.
It shall be in order, pending the motion for, or after the previous
question shall have been ordered on its passage, for the Speaker to
entertain and submit a motion to commit, with or without instructions,
to a standing or select committee.
“2. A call of the House shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by the
Speaker that a quorum is not present.
“3. All incidental questions of order arising after a motion is made
for the previous question, and pending such motion, shall be decided,
whether on appeal or otherwise, without debate.”
The _Form_ of this motion is, “I move [or demand, or call for] the
previous question on [here specify the motions on which it is desired
to be ordered].” As it cannot be debated or amended, it must be voted
on immediately. The form of putting the question{19} is, “The previous
question is moved [or demanded, or called for] on [specify the motions
on which the previous question is demanded]. As many as are in favor
of ordering the previous question on [repeat the motions] will rise.”
When they are seated he continues, “Those opposed will rise. There
being two-thirds in favor of the motion, the affirmative has it and
the previous question is ordered on [repeat the motions upon which it
is ordered]. The question is [or recurs] on [state the immediately
pending question]. As many as are in favor,” etc. If the previous
question is ordered the chair immediately proceeds to put to vote the
questions on which it was ordered until all the votes are taken, or
there is an affirmative vote on postponing definitely or indefinitely,
or committing, either of which exhausts the previous question. If there
can be the slightest doubt as to the vote the chair should take it
again immediately, counting each side. If less than two-thirds vote in
the affirmative, the chair announces the vote thus: “There not being
two-thirds in favor of the motion, the negative has it and the motion
is lost. The question is on,” etc., the chair stating the question on
the immediately pending question, which is again open to debate and
amendment, the same as if the previous question had not been demanded.
{19} The Congressional form of putting this question is, “The gentleman
from ... demands the previous question. As many as are in favor of
ordering the previous question will say _Aye_; as many as are opposed
will say _No_.”
The question may be put in a form similar to this: “The previous
question has been moved on the motion to commit and its amendment.
As many as are in favor of now putting the question on the motion to
commit and its amendment will rise; those opposed will rise. There
being two-thirds in favor of the motion, the debate is closed on
the motion to commit and its amendment, and the question is on the
amendment,” etc. While this form is allowable, yet it is better to
conform to the regular parliamentary form as given above.
The _Object_ of the previous question is to bring the assembly at once
to a vote on the immediately pending question and on such other pending
questions as may be specified in the demand. It is the proper motion
to use for this purpose, whether the object is to adopt or to kill the
proposition on which it is ordered, without further debate or motions
to amend.
The _Effect_ {20} of ordering the previous question is to close
debate immediately, to prevent the moving of amendments or any other
subsidiary motions except to lay on the table, and to bring the
assembly at once to a vote on the immediately pending question, and
such other pending questions as were specified in the demand, or
motion. If the previous question is ordered on more than one question,
then its effect extends to those questions and is not exhausted until
they are voted on, or they are disposed of as shown below under
exhaustion of the previous question. If the previous question is voted
down, the discussion continues as if this motion had not been made.
The effect of the previous question does not extend beyond the session
in which it was adopted. Should any of the questions upon which it was
ordered come before the assembly at a future session they are divested
of the previous question and are open to debate and amendment.
{20} The former practice of allowing the member reporting a bill from a
committee to close the debate with a speech after the previous question
has been ordered, has been abandoned by Congress.
The previous question is _Exhausted_ during the session as follows:
(1) When the previous question is unqualified, its effect terminates as
soon as the vote is taken on the immediately pending question.
(2) If the previous question is ordered on more than one of the pending
questions its effect is not exhausted until all of the questions upon
which it has been ordered have been voted on, or else the effect of
those that have been voted on has been to commit the main question, or
to postpone it definitely or indefinitely.
If, before the exhaustion of the previous question, the questions on
which it has been ordered that have not been voted on are laid on the
table, the previous question is not exhausted thereby, so that when
they are taken from the table during the same session, they are still
under the previous question and cannot be debated or amended or have
any other subsidiary motion applied to them.
NOTE ON THE PREVIOUS QUESTION.—Much of the confusion heretofore
existing in regard to the Previous Question has arisen from the great
changes which this motion has undergone. As originally designed, and
at present used in the English Parliament, the previous question was
not intended to suppress debate, but to suppress the main question,
and therefore, in England, it is always moved by the enemies of the
measure, who then vote in the negative. It was first used in 1604, and
was intended to be applied only to delicate questions; it was put in
this form, “Shall the main question be put?” and being negatived, the
main question was dismissed for that session. Its form was afterwards
changed to this, which is used at present, “Shall the main question
be _now_ put?” and if negatived the question was dismissed, at first
only until after the ensuing debate was over, but now, for that day.
The motion for the previous question could be debated; when once put
to vote, whether decided affirmatively or negatively, it prevented any
discussion of the main question, for, if decided affirmatively, the
main question was immediately put, and if decided negatively (that is,
that the main question be not now put), it was dismissed for the day.
Our Congress has gradually changed the English Previous Question into
an entirely different motion, so that, while in England, the mover
of the previous question votes against it, in this country he votes
for it. At first the previous question was debatable; if adopted it
cut off all motions except the main question, which was immediately
put to vote; and if rejected the main question was dismissed for that
day as in England. Congress, in 1805, made it undebatable. In 1840
the rule was changed so as not to cut off amendments but to bring the
House to a vote first upon pending amendments, and then upon the main
question. In 1848 its effect was changed again so as to bring the
House to a vote upon the motion to commit if it had been made, then
upon amendments reported by a committee, if any, then upon pending
amendments, and finally upon the main question. In 1860 Congress
decided that the only effect of the previous question, if the motion
to postpone were pending, should be to bring the House to a direct
vote on the postponement—thus preventing the previous question from
cutting off any pending motion. In 1860 the rule was modified also so
as to allow it to be applied if so specified to an amendment or to an
amendment of an amendment, without affecting anything else, and so that
if the previous question were lost the debate would be resumed. In
1880 the rule was further changed so as to allow it to be applied to
single motions, or to a series of motions, the motions to which it is
to apply being specified in the demand; and 30 minutes’ debate, equally
divided between the friends and the enemies of the proposition, was
allowed after the previous question had been ordered, if there had been
no debate previously. In 1890 the 30 minutes’ debate was changed to 40
minutes. The previous question now is simply a motion to close debate
and proceed to voting on the immediately pending question and such
other pending questions as it has been ordered upon.
=30. Limit or Extend Limits of Debate.= Motions, or orders, to limit
or extend the limits of debate, like the previous question, take
precedence of all debatable motions, may be applied to any debatable
motion or series of motions, and, if not specified to the contrary,
apply only to the immediately pending question. If it is voted to limit
the debate, the order applies to all incidental and subsidiary motions
and the motion to reconsider, subsequently made, as long as the order
is in force. But an order extending the limits of debate does not apply
to any motions except the immediately pending one and such others as
are specified. They are undebatable, and require a two-thirds vote for
their adoption. These motions may be amended, but can have no other
subsidiary motion applied to them. They yield to privileged [=14=] and
incidental [=13=] motions, and to the motions to lay on the table and
for the previous question. They may be made only when the immediately
pending question is debatable. When one of them is pending, another one
that does not conflict with it may be moved as an amendment. After one
of these motions has been adopted it is in order to move another one of
them, provided it does not conflict with the one in force. This motion
to limit or extend the limits of debate may be reconsidered even though
the order has been partially executed, and if lost it may be renewed
after there has been sufficient progress in debate to make it a new
question.
After an order is adopted closing debate at a certain hour, or limiting
it to a certain time, the motions to postpone and to commit cannot be
moved until the vote adopting the order has been reconsidered; but
the pending question may be laid on the table, and if it is not taken
from the table until after the hour appointed for closing the debate
and taking the vote, no debate or motion to amend is allowed, as the
chair should immediately put the question. After the adoption of an
order limiting the number or length of the speeches, or extending
these limits, it is in order to move any of the other subsidiary [=12=]
motions on the pending question.
An order modifying the limits of debate on a question is in force only
during the session in which it was adopted. If the question in any way
goes over to the next session it is divested of this order and is open
to debate according to the regular rules.
The various _Forms_ of this motion are as follows:
(1) To fix the hour for closing debate and putting the question, the
form is similar to this: “I move that debate close and the question be
put on the resolution at 9 P.M.”
(2) To limit the length of the debate, the motion may be made thus: “I
move that debate on the pending amendment be limited to twenty minutes.”
(3) To reduce or increase the number and length of speeches, the
motion should be made in a form similar to one of these: “I move that
debate on the pending resolution and its amendments be limited to one
speech of five minutes from each member;” “I move that Mr. A’s time be
extended ten minutes;” “I move that Messrs. A and B (the leaders on the
two sides) be allowed twenty minutes each, to be divided between their
two speeches at their pleasure, and that other members be limited to
one speech of two minutes each, and that the question be put at 9 P.M.”
=31. To Postpone to a Certain Time or Definitely={21} takes precedence
of the motions to commit, to amend, and to postpone indefinitely, and
yields to all privileged [=14=] and incidental [=13=] motions, and to
the motions to lay on the table, for the previous question, and to
limit or to extend the limits of debate. It allows of a limited debate
which must not go into the merits of the main question any more than
is necessary to enable the assembly to determine the propriety of the
postponement. It may be amended as to the time, and also by making
the postponed question a special order. The previous question and the
motions limiting or extending the limits of debate may be applied to
it. It cannot be laid on the table alone, but when it is pending the
main question may be laid on the table which carries with it the motion
to postpone. It cannot be committed or postponed indefinitely. It may
be reconsidered. When it makes a question a special order it requires a
two-thirds vote.
{21} In Congress the form of this motion is to postpone to a day
certain, unless it is proposed to make the question a special order for
a certain hour, when the hour is specified.
The time to which a question is postponed must fall within the session
or the next session,{22} and, if it is desired to postpone it to a
different time, which must not be beyond the next regular session,
it is necessary first to fix the time for an adjourned meeting, and
then the question may be postponed to that meeting. Some societies
have frequent meetings for literary or other purposes at which
business may be transacted, while they hold every month or quarter a
meeting especially for business. In such societies these rules apply
particularly to the regular business meetings, to which questions may
be postponed from the previous regular business meeting or from any of
the intervening meetings. Neither the motion to postpone definitely nor
an amendment to it, is in order when it has the effect of an indefinite
postponement; that is, to defeat the measure, as, for instance, to
postpone until tomorrow a motion to accept an invitation to a banquet
tonight. If the motion to postpone indefinitely is in order at the
time, the chair may treat it as such at his discretion, but it cannot
be recognized as a motion to postpone definitely. It is not in order to
postpone a class of business, as reports of committees; as each report
is announced or called for, it may be postponed, or the rules may be
suspended by a two-thirds vote and the desired question be taken up. A
matter that is required by the by-laws to be attended to at a specified
time or meeting as the election of officers cannot, in advance, be
postponed to another time or meeting, but when that specified time or
meeting arrives the assembly may postpone it to an adjourned meeting.
This is sometimes advisable as in case of an annual meeting for the
election of officers occurring on a very stormy night so that a bare
quorum is present. After an order of the day or a question of privilege
is before the assembly for action, its further consideration may be
postponed, or any other subsidiary motion may be applied to it. When a
question has been postponed to a certain time, it becomes an order of
the day for that time and cannot be taken up before that time except
by a reconsideration, or by suspending the rules for that purpose,
which requires a two-thirds vote. [See Orders of the Day, =20=, for the
treatment of questions that have been postponed definitely.]
{22} In Congress a motion cannot be postponed to the next session, but
it is customary in ordinary societies.
The _Form_ of this motion depends upon the object sought.
(1) If the object is simply to postpone the question to the next
meeting, when it will have precedence of new business, the form of
the motion is “to postpone the question [or, that the question be
postponed] to the next meeting.” It then becomes a general order for
that meeting.
(2) If the object is to specify an hour when the question will be taken
up as soon as the question then pending, if there is any, is disposed
of, the form is similar to this: “I move that the question be postponed
to 3 P.M.”
(3) If it is desired to postpone the question until after a certain
event, when it shall immediately come up, the form is, “To postpone
the question until after the address on Economics.”
(4) If the object is to insure its not being crowded out by other
matters there should be added to the motion to postpone as given in the
first two cases above, the words, “and be made a special order.” Or the
motion may be made thus: “I move that the question be postponed and
made a special order for the next meeting [or, for 3 P.M. tomorrow].”
The motion in this form requires a two-thirds vote, as it suspends the
rules that may interfere with its consideration at the time specified
as explained under Orders of the Day [=20=].
(5) If it is desired to postpone a question to an adjourned meeting
and devote the entire time, if necessary, to its consideration, as in
case of revising by-laws, after providing for the adjourned meeting
the motion should be made in this form: “I move that the question be
postponed and made the special order for next Tuesday evening.” Or,
a question may be postponed and made the special order for the next
regular meeting.
The _Effect_ of postponing a question is to make it an order of the
day for the time to which it was postponed, and if it is not then
disposed of, it becomes unfinished business. Postponing a question to
a certain hour does not make it a special order unless so specified
in the motion. The motion to postpone definitely may be amended by a
majority vote so as to make the amended motion one to make the question
a special order. If this is done the amended motion will require a
two-thirds vote. [Orders of the Day, =20=, should be read in connection
with this section.]
=32. To Commit or Refer.= (All the rules in regard to this motion,
except where stated to the contrary, apply equally to the motions to Go
into Committee of the Whole, to Consider Informally, and to Recommit as
it is called when a question is committed a second time.) This motion
takes precedence of the motions to amend and to postpone indefinitely,
and yields to all the other subsidiary [=12=] motions and to all
privileged [=14=] and incidental [=13=] motions. It cannot be applied
to any subsidiary motion, nor can it be laid on the table or postponed
except in connection with the main question. The previous question, and
motions to limit or extend the limits of debate, and to amend, may be
applied to it without affecting the main question. It is debatable but
only as to the propriety of committing the main question.{23} If the
motion to postpone indefinitely is pending when a question is referred
to a committee, it is lost, and is not referred to the committee.
Pending amendments go with the main motion to the committee. The motion
to commit may be reconsidered, but after the committee has begun the
consideration of the question referred to it, it is too late to move
to reconsider the vote to commit. The committee may, however, then be
discharged as shown below.
{23} Congress has changed its rule in regard to the motion to commit,
so that now it is undebatable, instead of being debatable and opening
to debate the merits of the main question. In a body like Congress,
where nearly all the business must be attended to in committees, debate
on referring a proposition to a committee should not be allowed.
Members can appear before the committee and present their views. But in
an ordinary deliberative assembly it is better to observe the general
principles governing the debatability of motion as laid down on page
184, and allow of debate as to the propriety of referring the question
to a committee.
The motion to commit (that is, to refer to a committee) may vary
in form all the way from the simple form of, “That the question be
referred to a committee,” to the complete form of referring to question
“to a committee of five to be appointed by the chair, with instructions
to report resolutions properly covering the case, at the next regular
business meeting.” If the motion is made in the complete form the
details may be changed by amendments, though they are usually treated
not as ordinary amendments, but as in filling blanks [page 148].
If the motion is made in the simple form of merely referring the
pending question to a committee there are three courses that may be
pursued in completing the details, the one to be chosen depending upon
the circumstances of the case. (1) The simple, or skeleton, motion
may be completed by moving amendments, or making suggestions, for
adding the required details as stated below. (2) The chair on his
own initiative may call for suggestions to complete the motion, first
inquiring as to what committee the question shall be referred, and
continuing in the order shown hereafter. (3) The motion in its simplest
form may be put to vote at once by its enemies’ ordering the previous
question, and where the motion to commit is almost certain to be lost
this is sometimes done to save the time that would be uselessly spent
in completing the details. If it should happen that the motion to
commit is adopted, which is improbable, then the details are completed
before any new business, except privileged matters, can be taken up.
These details are taken up in the order given below, the chair calling
for the several items much as if he were completing the motion before
it was voted on.
In completing a motion simply to refer to a committee, the first
question the chair asks is, “To what committee shall the question be
referred?” If different ones are suggested, the suggestions are not
treated as amendments of those previously offered, but are voted on
in the following order until one receives a majority vote: Committee
of the whole; as if in committee of the whole; consider informally;
standing committee, in the order in which they are proposed; special
(select) committee (largest number voted on first). If the question has
already been before a standing or special committee the motion becomes
the motion to recommit, and the committees would be voted on in the
above order except the old committee would precede other standing and
select committees. In suggesting or moving that the committee be a
special one, the word “special” is not generally used, the motion being
made to refer the question to a committee of five, or any other number,
which makes it a special committee; that is, not a standing committee.
If any committee except a special one is decided upon, the chair should
then put the question on referring the question to that committee. But
any one may interrupt him and move to add instructions, or he, himself,
may suggest them, or instructions may be given after the vote has been
taken on committing the question. Instructions may be given to the
committee by a majority vote at any time before it submits its report,
even at another session.
If the committee is to be a special one, it is necessary in addition to
its number to decide how it is to be appointed. If different methods
are suggested, or moved, they are voted on in the following order:
Ballot; nominations from the floor (or open nominations); nominations
by the chair; and lastly, appointment by the chair, the method that
should usually be adopted in very large assemblies. When this is
decided the completed motion to commit is put to vote. Instructions as
heretofore stated may be added before the vote is taken on the motion
to commit, or they may be given afterwards. If the motion to commit
is adopted, no new business, except privileged matters, can intervene
until the appointment of the committee by the method prescribed, except
that when the chair appoints the committee he may wish time to make his
selections, which, however, must be announced to the assembly.
If nominations are made from the floor no one can nominate more
than one, if objection is made. The member making a nomination in
a large assembly rises, and, addressing the chair without waiting
to be recognized, says, “I nominate Mr. A.” In small assemblies the
nominations for committees are frequently made by members from their
seats suggesting names. The chair repeats each name as he hears it,
and if no more than the prescribed number is suggested, he puts the
question on the members named constituting the committee. If more names
than the prescribed number are suggested, the chair puts the question
on each name in succession, beginning with the first named, until
enough are chosen to fill the committee. The negative must be put as
well as the affirmative, a majority vote being required for each member
of the committee. If the committee is nominated by the chair he states
the question thus: “The question is, ‘Shall these members constitute
the committee?’” It is now in order to move to strike out any of the
names, and if such a motion is adopted the chair replaces them with
other names. When he appoints the committee no vote is taken, but he
must announce the names of the committee to the assembly, and until
such announcement is made the committee cannot act. If it is desired
to permit the chair to appoint a committee after adjournment, it must
be authorized by a vote. The power to appoint a committee carries with
it the power to appoint its chairman and to fill any vacancy that may
arise in the committee. The resignation of a member of a committee
should be addressed to the appointing power.
The _Forms_ of this motion are as follows: “To refer the question to a
committee;” “To recommit the resolution;” “That the subject be referred
to a committee of three to be appointed by the chair, and that it
report by resolution at the next meeting;” “That it be referred to a
committee with power;” “That the assembly do now resolve itself into
[or, go into] committee of the whole, to take under consideration,”
etc., specifying the subject [=55=]; “That the resolution be considered
as if in committee of the whole” [=56=]; “That the resolution be
considered informally” [=57=].
The _Object_ of the motion to refer to a standing or special committee
is usually to enable a question to be more carefully investigated and
put into better shape for the assembly to consider, than can be done in
the assembly itself. Where an assembly is large and has a very large
amount of business it is safer to have every main question go to a
committee before final action on it is taken. A special committee to
investigate and report upon a subject should consist of representative
members on both sides of the question, so that both parties in the
assembly may have confidence in the report, or reports in case there
is disagreement and a minority report is submitted. By care in
selecting committees in ordinary assemblies, debates upon delicate and
troublesome questions can be mostly confined to the committees. It is
not at all necessary to appoint on the committee the member who makes
the motion to refer, but it is usual, and the courteous thing to do,
when he is specially interested or informed on the subject. If the
appointing power does not designate a chairman of the committee, the
member first named acts as such unless the committee elects its own
chairman. Consequently it is very important that the first named should
be an efficient person, especially in a committee for action.
Sometimes a question is referred to a committee with full power to
act in the case. When the duty assigned it has been performed, it
should report what it has done, and when this report has been made the
committee ceases to exist. When the assembly has decided a question
and appoints a committee to take certain action (such as a committee of
arrangements for holding a public meeting), then the committee should
be small, and all should be favorable to the action to be taken. If any
one is appointed on such a committee who is not in sympathy with the
proposed action, he should say so and ask to be excused. Sometimes such
a committee is given power to add to its number.
The object of going into committee of the whole, or considering a
question as if in committee of the whole, or informally, is to enable
the assembly to discuss a question with perfect freedom, there being no
limit to the number of speeches. The first method is used in the United
States House of Representatives, and the second in the United States
Senate. The last one is the simplest, and is best adapted to ordinary
societies that are not very large. They are explained in =55-57=.
If any form of the motion to commit is made with reference to a
question not pending, it becomes a main motion. Thus, a motion to go
into committee of the whole on a question not pending, or to appoint a
committee upon a subject not pending, or to appoint a committee to take
certain action, is a main motion.
_To Discharge a Committee._ When a committee has made its final report
and it has been received by the assembly, the committee ceases to
exist without any motion being made to that effect. If, for any reason,
the assembly wishes to take a question out of the hands of a committee,
and it is too late to reconsider the vote on the committal, it is
necessary to “discharge the committee from further consideration” of
the resolution or other matter referred to it, for as long as the
matter is in the hands of the committee, the assembly cannot consider
anything involving practically the same question. If the committee
has not yet taken up the question referred to it, the proper motion
on the day or the day after it was referred, is to reconsider the
vote to commit, which requires only a majority vote. If the motion to
reconsider cannot be made, a motion to discharge the committee should
be made, which, if adopted, practically rescinds action taken, and
therefore requires a two-thirds vote, or a vote of a majority of the
membership, unless previous notice of the motion has been given, when
it requires only a majority vote. When the committee is discharged its
chairman returns to the secretary all papers that have been entrusted
to him. It requires a motion to bring the matter referred before the
assembly, and this motion may be combined with the motion to discharge,
thus: “I move that the committee to whom was referred the resolution on
immigration be discharged, and that the resolution be now taken up for
consideration [or, be considered at some other specified time].”{24}
{24} In H. R. Rule 27 is the following: “4. Any member may present to
the clerk a motion in writing to discharge a committee from further
consideration of any public bill or joint resolution which may have
been referred to such committee fifteen days prior thereto. All such
motions shall be entered in the journal and printed on a calendar to
be known as a ‘Calendar of Motions to Discharge Committees.’... When
such motions shall be called up ... debate on such motion shall be
limited to twenty minutes, one-half thereof in favor of the proposition
and one-half in opposition thereto. Such motions shall have precedence
over motions to suspend the rules and shall require for adoption an
affirmative vote of a majority of the membership of the House.”
=33. To Amend= takes precedence of the motion to postpone indefinitely,
and yields to all other subsidiary [=12=] motions and to all privileged
[=14=] and incidental [=13=] motions, except the motion to divide the
question. It can be applied to all motions except those in the _List of
Motions that Cannot be Amended_ [page 146]. It can be amended itself,
but this “amendment of an amendment” (an amendment of the second
degree) cannot be amended. The previous question and motions to limit
or extend the limits of debate may be applied to an amendment, or to
only an amendment of an amendment, and in such case they do not affect
the main question, unless so specified. An amendment is debatable in
all cases except where the motion to be amended is undebatable. An
amendment of a pending question requires only a majority vote for its
adoption, even though the question to be amended requires a two-thirds
vote. An amendment of a constitution or by-laws, or rules of order,
or order of business, previously adopted, requires a two-thirds vote;
but an amendment of that amendment requires only a majority vote. When
a motion or resolution is under consideration only one amendment of
the first degree is permitted at a time, and one amendment of that
amendment—that is, an amendment of the second degree—is allowed also.
An amendment of the third degree would be too complicated and is not
in order.{25} Instead of making it, a member may say that if the
amendment of the amendment is voted down, he will offer such and such
an amendment of the amendment. While there can be only one amendment of
each degree pending at the same time, any number of them may be offered
in succession. An amendment must be germane{26} to the subject to be
amended—that is, it must relate to it, as shown further on. So an
amendment to an amendment must be germane to the latter.
{25} A substitute may be reported by a committee while amendments
of the first and second degree are pending as shown on page 226.
In Congress it has been found best to allow a substitute and an
amendment thereto while two amendments are pending. The House rule as
to amendments is as follows: “When a motion or proposition is under
consideration a motion to amend and a motion to amend that amendment
shall be in order, and it shall also be in order to offer a further
amendment by way of substitute, to which one amendment may be offered,
but which shall not be voted on until the original matter is perfected;
but either may be withdrawn before amendment or decision is had
thereon. Amendments to the title of a bill or resolution shall not be
in order until after its passage, and shall be decided without debate.”
H. R. Rule 19.
{26} “... No motion or proposition on a subject different from that
under consideration shall be admitted under color of amendment.” H. R.
Rule 16, §7.
_Form._ An amendment may be in any of the following forms: (_a_)
to _insert_ or _add_ (that is, place at the end); (_b_) to _strike
out_; (_c_) to _strike out_ and _insert_, or to _substitute_, as it
is called, when an entire paragraph or resolution is struck out and
another is inserted. The third form is a combination of the other two
and cannot be divided, though, as shown hereafter, for the purposes
of amendment the two motions are treated separately, the words to be
struck out being first amended and then the words to be inserted. No
amendment is in order the effect of which is to convert one of these
forms into another.
The motion to amend is made in a form similar to this: “I move to amend
the resolution by inserting the word ‘very’ before the word ‘good;’”
or, it may be reduced to a form as simple as this: “I move to insert
‘very’ before ‘good.’” The motion to insert should always specify the
word before or after which the insertion is to be made. The motion
to strike out should also locate the word, provided it occurs more
than once. When the chair states the question on the amendment he
should repeat the motion in detail so that all may understand what
modification is proposed. Unless the effect of the amendment is very
evident, he should, in putting the question, show clearly the effect
of its adoption, even though it requires the reading of the entire
resolution, and then the words to be inserted, or struck out, or
struck out and inserted, and finally the resolution as it will stand
if the amendment is adopted. He then says, “As many as are in favor
of the amendment [or, of striking out, etc., or of inserting, etc.]
say _aye_; those opposed, say _no_. The ayes have it, the amendment is
adopted, and the question is on the resolution as amended, which is,
‘_Resolved_, That,’” etc., reading the resolution as amended. If the
vote is taken by show of hands or by rising, the question is put and
the vote announced thus: “As many as are in favor of the amendment will
rise [or, will raise the right hand]; those opposed will rise [or, will
manifest it in the same way]. The affirmative has it and the amendment
is adopted. The question is on the resolution,” etc. The instant the
amendment is voted on, whether it is adopted or lost, the chair should
announce the result of the vote and state the question that is then
before the assembly.
To _Insert_ or _Add Words_. When a motion to _insert_ [or _add_]
certain words is made, the words to be inserted should be perfected
by amendments proposed by their friends before the vote is taken on
inserting or adding them. After words have been inserted or added,
they cannot be changed or struck out except by a motion to strike out
the paragraph, or such a portion of it as shall make the question an
entirely different one from that of inserting the particular words; or
by combining such a motion to strike out the paragraph or a portion
of it with the motion to insert other words. The principle involved
is that when the assembly has voted that certain words shall form a
part of a resolution, it is not in order to make another motion that
involves exactly the same question as the one it has decided. The only
way to bring it up again is to move to reconsider [=36=] the vote by
which the words were inserted. If the motion to insert is lost, it does
not preclude any other motion to insert these words together with other
words, or in place of other words, provided the new motion presents
essentially a new question to the assembly.
To _Strike out Words_. The motion to strike out certain words can be
applied only to consecutive words, though, as the result of amendments,
the words may be separated when the final vote is taken. If it is
desired to strike out separated words, it is necessary to strike out
the separated words by separate motions, or still better, a motion may
be made to strike out the entire clause or sentence containing the
words to be struck out and insert a new clause or sentence as desired.
The motion to strike out certain words may be amended only by striking
out words from the amendment, the effect of which is to retain in the
resolution the words struck out of the amendment provided both motions
are adopted. If the motion to strike out certain words is adopted, the
same words cannot be again inserted unless the place or the wording is
so changed as to make a new proposition. If the motion to strike out
fails,{27} it does not preclude a motion to strike out the same words
and insert other words, or to strike out a part of the words, or to
strike out a part and insert other words; or to strike out these words
with others, or to do this and insert other words. In each of these
cases the new question is materially different from the old one. For
striking out all, or a part, of something that has been previously
adopted, see “Rescind, etc.” [=37=].
To _Strike Out_ and _Insert Words_ is a combination of the two
preceding motions, and is indivisible.{27} For purposes of amendment
it is resolved into its constituent elements, and the words to be
struck out are first amended, after which the words to be inserted
are amended. After their amendment the question is put on the motion
to strike out and insert. If it is adopted, the inserted words cannot
be struck out, nor can the words struck out be inserted, unless the
words or place are so changed as to make the question a new one, as
described above. If the motion is lost, it does not preclude either
of the single motions to strike out or to insert the same words,
nor another motion to strike out and insert, provided there is any
material change in either the words to be struck out or the words to
be inserted, so that the questions are not practically identical. When
it is desired to strike out or modify separated words, a motion may be
made to strike out so much of the resolution as is necessary to include
all the words to be struck out or changed, and to insert the desired
revision including these words. If the words are inserted in the place
previously occupied by the words struck out, they may differ materially
from the latter, provided they are germane to it. If the words are to
be inserted at a different place, then they must not differ materially
from those struck out, as it must be in the nature of a transfer.
The combined motion to strike out words in one place and to insert
different words in another place is not in order. Either the place or
the words must be substantially the same. If there are several changes
to be made, it is usually better to rewrite the paragraph and offer it
as a substitute, as shown further on.
{27} “A motion to strike out and insert is indivisible, but a motion to
strike out being lost shall neither preclude amendment nor motion to
strike out and insert;...” H. R. Rule 16, §7.
_Amendments Affecting an Entire Paragraph._ A motion to insert (or
add) or to strike out a paragraph, or to substitute one paragraph for
another, is an amendment of the first degree, and therefore cannot be
made when an amendment is pending. The friends of the paragraph to
be inserted or struck out should put it in the best possible shape
by amending it before it is voted on. After a paragraph has been
inserted it cannot be amended except by adding to it; and it cannot be
struck out except in connection with other paragraphs so as to make
the question essentially a new one. If a paragraph is struck out, it
cannot be inserted afterwards unless it is so changed in wording or
place as to present an essentially new question. If the motion to
insert or to strike out a paragraph is lost, it does not preclude any
other motion except one that presents essentially the same question as
the one that the assembly has already decided, as shown above in the
case of amending words of a paragraph. Thus, when a motion to insert
a paragraph has been lost, it is in order to move to insert a part of
the paragraph or the entire paragraph if materially altered. So, though
the assembly has refused to strike out a paragraph, it is in order to
strike out a part of the paragraph or otherwise to amend it, though
it is safer for its friends to make it as nearly perfect as possible
before the vote is taken on striking it out, with a view to defeating
that motion.
A motion to _substitute_ one paragraph for another (which is a
combination of the two preceding motions) after being stated by the
chair is resolved into its two elements for the purpose of amendment,
the chair at first entertaining amendments only to the paragraph to be
struck out, these amendments being of the second degree. After it is
perfected by its friends, the chair asks if there are any amendments
proposed to the paragraph to be inserted. When both paragraphs have
been perfected by amendments the question is put on substituting one
paragraph for the other. Even though the paragraph constitutes the
entire resolution and the motion to substitute is carried, it is
necessary afterwards to vote on adopting the resolution, as it has only
been voted to substitute one paragraph for another. A paragraph that
has been substituted for another cannot be amended afterwards, except
by adding to it, like any other paragraph that has been inserted.
The paragraph that has been replaced cannot be again inserted unless
so modified as to constitute a new question, as with any paragraph
that has been struck out. If the motion to substitute is lost, the
assembly has only decided that that particular paragraph shall not
replace the one specified. It may be willing that it replace some other
paragraph, or that it be inserted, or that the paragraph retained in
the resolution be further amended, or even struck out. But no amendment
is in order that presents to the assembly practically a question that
it has already decided.
In parliamentary language it is not correct to speak of “substituting”
one word or part of a paragraph for another, as the term is applied to
nothing less than a paragraph. When a question is being considered by
section, it is in order to move a substitute for the pending section.
A substitute for the entire resolution, or report, cannot be moved
until the sections have all been considered and the chair has announced
that the entire paper is open to amendment. When a resolution with
amendments of the first and second degree pending, is referred to a
committee, they may report it back with a substitute for the resolution
which they recommend, even though two amendments are pending. In such
a case the chair states the question first on the amendments that were
pending when the resolution was committed. When they are disposed of,
he states the question on the substitute recommended by the committee
and proceeds as in case of any other substitute motion.
_Improper Amendments._ An amendment is not in order which is not
germane to the question to be amended; or merely makes the affirmative
of the amended question equivalent to the negative of the original
question; or is identical with a question previously decided by the
assembly during that session; or changes one form of amendment to
another form; or substitutes one form of motion for another form; or
strikes out the word _Resolved_ from a resolution; or strikes out or
inserts words which would leave no rational proposition before the
assembly; or is frivolous or absurd. An amendment of an amendment must
be germane to—that is, must relate to—the subject of the amendment as
well as the main motion. No independent new question can be introduced
under cover of an amendment. But an amendment may be in conflict with
the spirit of the original motion and still be germane, and therefore
in order.
_Illustrations_: A resolution of censure may be amended by striking
out the word “censure” and inserting the word “thanks,” for both
relate to opinion of certain conduct; refusing to censure is not
the same as expressing thanks. A resolution to purchase some books
could not be amended by striking out the words relating to books and
inserting words relating to a building. Suppose a resolution pending
directing the treasurer to purchase a desk for the secretary, and an
amendment is offered to add the words, “and to pay the expenses of the
delegates to the State Convention;” such an amendment is not germane
to the resolution, as paying the expenses of the delegates is in no
way related to purchasing a desk for the secretary, and is therefore
out of order. But if an amendment were offered to insert the words
“and a permanent record book” after the word “desk,” it would be in
order, because both are articles to enable the secretary to perform
his duties. If a resolution were pending condemning certain things,
it could be amended by adding other things that were similar or in
some way related to them. Suppose a resolution commending A and B
for heroism is pending; if the acts of heroism were not connected,
amendments are in order adding other names for other acts of heroism;
but if the commendation is for an act of heroism in which A and B
were joined, then no names can be added to the resolution unless the
parties were connected with A and B in that act. Suppose the following
resolution pending: “_Resolved_, That the Secretary be instructed
to notify our representative in Congress that we do approve of his
course in regard to the tariff.” A motion to amend by inserting _not_
after the word _be_ would be out of order, because an affirmative vote
on “not instructing” is identical in effect with a negative vote on
“instructing.” But the motion to insert the word _not_ after _do_ is
in order, for an affirmative vote on disapproving of a certain course
is not the same as a negative vote on a resolution of approval, as the
latter may mean nothing but an unwillingness to express an opinion on
the subject. If a resolution is pending and a member makes the motion,
“_I move to strike out the words_ ‘pine benches’ _and insert the words_
‘oak chairs,’” it is an amendment of the first degree, and no other
amendment of that degree is in order until this is acted upon. All
the words in italics are necessary for this form of motion, and are
not subject to amendment. The only amendments in order are those that
change the words “pine benches” or “oak chairs”—that is, first those to
be struck out, and when they are perfected, then those to be inserted.
Suppose the motion to “_strike out_ ‘pine’” is pending, and it is moved
to amend by adding “_and insert_ ‘oak.’” This motion is out of order,
as it changes one form of amendment to another form. It is not in order
to move to strike out the word “adopt” in a motion and insert the word
“reject,” as “adopt” is a formal word necessary to show the kind of
motion made. Practically, however, the same result may be attained by
moving to postpone indefinitely—that is, to reject, the main question.
The chair should never rule an amendment out of order unless he is
perfectly sure that it is so. If he is in doubt he should admit the
amendment, or submit the question as to its being in order to the
assembly as described in =21=.
Every original main motion may be amended. All others may be amended,
except those contained in the following list of
Motions That Cannot Be Amended.
_To adjourn_ (except when it is qualified, or when made in an assembly
with no provision for a future meeting) =17= _Call for the orders
of the day_ =20= _Question of order, and appeal_ =21= _To object to
consideration of a question_ =23= _Call for a division of the assembly_
=25= _To grant leave to withdraw a motion_ =27= _To grant leave to
speak after indecorum_ =21= _A request of any kind_ =27= _To take up a
question out of its proper order_ =22= _To suspend the rules_ =22= _To
lay on the table_ =28= _To take from the table_ =35= _To reconsider_
=36= _The previous question_ =29= _To postpone indefinitely_ =34= _To
amend an amendment_ =33= _To fill a blank_ =33= _A nomination_ =66=
A motion to adopt a resolution or a by-law may be amended by adding,
“and that it be printed and that members be supplied with copies,” or,
“that they go into effect at the close of this annual meeting,” or
anything of a similar kind. Under each of the privileged, incidental,
and subsidiary motions, it is stated whether or not the motion may be
amended, and, when necessary, the way in which it may be amended is
explained. An amendment to anything already adopted is not a subsidiary
motion. The matter to be amended is not pending and is therefore not
affected by anything done with the amendment, provided it is not
adopted. Such an amendment is a main motion subject to amendments of
the first and second degrees. If the motion is to strike out an entire
resolution that has been adopted, it is usually called to _Rescind_
and is explained under that head [=37=]. If the motion is to amend
a by-law, etc., it will be found under Amendments of Constitutions,
By-laws, etc. [=68=]. Minutes are usually amended (corrected)
informally, the chair directing the correction to be made when
suggested. But if objection is made, a formal vote is necessary for the
amendment. The minutes may be corrected whenever the error is noticed
regardless of the time which has elapsed; but after their adoption,
when too late to reconsider the vote, they require a two-thirds vote
for their amendment, unless previous notice of the proposed amendment
has been given, when only a majority vote is required for its adoption,
the same as with the motion to rescind [=37=]. This is necessary for
the protection of the records, which otherwise would be subject to
the risk of being tampered with by temporary majorities. The numbers
prefixed to paragraphs, articles, etc., are only marginal indications
and should be corrected by the secretary, if necessary, without any
motion to amend. For amending a long paper, such as a series of
resolutions, or a set of by-laws, which should be considered and
amended by paragraph, see =24=.
_Filling Blanks._ {28} Propositions for filling blanks are treated
somewhat differently from other amendments, in that any number of
members may propose, without a second, different names or numbers
for filling the blanks, no one proposing more than one name or number
for each place, unless by general consent. These are treated not as
amendments, one of another, but as independent propositions to be
voted on successively. If the blank is to be filled with a name, the
chair repeats the names as they are proposed so all may hear them, and
finally takes a vote on each name, beginning with the first proposed,
until one receives a majority vote. If the blank is to be filled with
several names and no more names are suggested than required, the
names may be inserted without a vote. If more names than required are
suggested, a vote is taken on each, beginning with the first, until
enough to fill the blank have received a majority vote. If the number
of names is not specified, a vote is taken on each name suggested, and
all that receive a majority vote are inserted.
{28} While Congress has no rule on filling blanks except the common
parliamentary law as laid down in Jefferson’s Manual, it rarely makes
use of this law, but avails itself of its rule which allows of four
amendments pending at the same time, namely, amendments of the first
and second degree, and a substitute and amendment to it.
If the blank is to be filled with a number or a date, then the largest
sum, or the longest time, or the most distant date, is put first,
unless it is evident to the chair that the reverse order is necessary
to enable the first vote to be taken on the proposition that is least
likely to be adopted. Suppose a committee is being instructed to
purchase a building for a blank amount: the voting on filling the blank
should begin with the largest sum proposed; if that is lost, all who
voted for it, and some others, would favor the next largest sum, so
that the vote would be greater, and so on down to the largest sum that
is favored by a majority. If the voting began with the smallest sum,
every one would be willing to pay that amount, and it might be adopted
and thus cut off voting on the other propositions, whereas a majority
would prefer authorizing the committee to spend a larger amount. On
the other hand, suppose the committee was being authorized to sell a
building for a blank amount: here it is evident that there would be
more in favor of the large sum than of the small one. So to get at
the wish of the assembly the voting should begin with the smallest
sum proposed; all who are willing to sell for that amount, and some
additional ones, will be willing to sell for the next larger sum; and
so the smallest sum for which the majority is willing to sell will be
gradually reached.
It is sometimes convenient to create a blank, as in the following
example: A resolution is pending requesting the proper authorities
to prohibit the erection of wooden buildings north of A street, and
an amendment to strike out A and insert B, and an amendment of the
second degree to strike out B and insert C, have been made. The debate
developing the fact that several other streets have their advocates,
the best course is for the chair to state that, if there is no
objection, the motion would be treated as having a blank for the name
of the street, and that A, B, and C have been proposed for filling the
blank. In this way other names could be suggested and they would be
voted on successively beginning with the one that made the prohibited
area the largest, and continuing down until one was reached that could
get a majority in its favor. If objection is made to leaving a blank
for the name, the chair may put the question without waiting for a
motion, or any one may move, as an incidental motion, that a blank be
created for the name of the street. This motion is undebatable, and
cannot be amended, but it may be moved to fill the blank by ballot or
in any other way.
The blanks in a resolution should be filled usually before voting on
the resolution. But sometimes, when a large majority is opposed to the
resolution, the previous question is ordered without waiting for the
blanks to be filled, thus stopping debate and further amendment, and
bringing the assembly at once to a vote on the resolution. Under such
circumstances the resolution would usually be rejected. But should it
be adopted, it would be necessary to fill the blanks in the skeleton
resolution before any other than privileged business would be in order.
The method adopted in filling blanks has sometimes a great advantage
over ordinary amendment. In amending, the last one proposed is the
first one voted on, whereas in filling blanks the first one proposed,
or nominated, is voted on first, except where, from the nature of the
case, another order is preferable, and then that order is adopted as
explained above.
_Nominations_ are treated like filling blanks; any number may be
pending at the same time, not as amendments of each other, but as
independent propositions to be voted on in the order in which they were
made until one receives a majority vote. [See =66=.]
=34. To Postpone Indefinitely= takes precedence of nothing except
the main motion to which it is applied, and yields to all privileged
[=14=], incidental [=13=], and other subsidiary [=12=] motions. It
cannot be amended or have any other subsidiary motion applied to it
except the previous question and motions limiting or extending the
limits of debate. It is debatable and opens the main question to
debate. It can be applied to nothing but main questions, which include
questions of privilege and orders of the day after they are before
the assembly for consideration. An affirmative vote on it may be
reconsidered, but not a negative vote. If lost it cannot be renewed.
It is simply a motion to reject the main question. If a main motion is
referred to a committee while to postpone indefinitely is pending, the
latter motion is ignored and does not go to the committee.
The _Object_ of this motion is not to postpone, but to reject, the
main motion without incurring the risk of a direct vote on it, and it
is made only by the enemies of the main motion when they are in doubt
as to their being in the majority.
The _Effect_ of making this motion is to enable members who have
exhausted their right of debate on the main question, to speak again,
as, technically, the question before the assembly is different,
while, as far as the subject of discussion is concerned, there is no
difference caused by changing the question from adopting to rejecting
the measure, because the merits of the main question are open to debate
in either case. If adopted, its effect is to suppress the main motion
for that session, unless the vote is reconsidered. As this motion does
not suppress the debate on the main question, its only useful effect is
to give the opponents of the pending measure a chance of killing the
main motion without risking its adoption in case of failure. For, if
they carry the indefinite postponement, the main question is suppressed
for the session; if they fail, they still have a vote on the main
question, and, having learned their strength by the vote taken, they
can form an opinion of the advisability of continuing the struggle.
Art. VI. Some Main and Unclassified Motions.
See =15= for a list of these motions.
=35. To Take from the Table= takes precedence of no pending question,
but has the right of way in preference to main motions if made during
the session in which it was laid on the table while no question is
actually pending, and at a time when business of this class, or
unfinished business, or new business, is in order; and also during
the next session in societies having regular business meetings as
frequently as quarterly. It yields to privileged [=14=] and incidental
[=13=] motions, but not to subsidiary [=12=] ones. It is undebatable,
and no subsidiary motion can be applied to it. It is not in order
unless some business has been transacted since the question was laid
on the table, nor can it be renewed until some business has been
transacted since it was lost. The motion to take from the table cannot
be reconsidered, as it can be renewed repeatedly if lost, and, if
carried, the question can be again laid on the table after progress in
debate or business.
In ordinary deliberative assemblies, a question is supposed to be laid
on the table only temporarily with the expectation of its consideration
being resumed after the disposal of the interrupting question, or at a
more convenient season.{29} As soon as the question that was introduced
when the first question was laid on the table, is disposed of, any one
may move to take this first question from the table. When he rises to
make the motion, if the chair recognizes some one else as having first
risen, he should at once say that he rises to move to take a question
from the table. The chair then assigns him the floor if the other
member has risen to make a main motion. If the new main motion has been
stated by the chair before he claims the floor, he must wait until that
question is disposed of before his motion will be in order. When taken
up, the question with everything adhering to it is before the assembly
exactly as when it was laid on the table. Thus, if a resolution has
amendments and a motion to commit pending at the time it was laid on
the table, when it is taken from the table the question is first on
the motion to commit. If a motion to postpone to a certain time is
pending when the question is laid on the table, and it is taken from
the table after that time, then the motion to postpone is ignored when
the question is taken up. If the question is taken up on the day it was
laid on the table, members who have exhausted their right of debate
cannot again speak on the question. But if taken up on another day, no
notice is taken of speeches previously made. The previous question is
not exhausted if the question upon which it was ordered is taken from
the table at the same session, even though it is on another day.
{29} See foot note on page 107, for the Congressional practice. As
stated there, Congress has abandoned the ordinary parliamentary
use of the motion to lay on the table and has converted it into a
motion to enable the majority to kill a measure instantly. Therefore
Congressional practice in regard to laying on, or taking from, the
table is of no authority in assemblies using these motions in the
common parliamentary law sense.