\\\ \\\ ^^ X\ s\ CORNELL UNIVERSITY LIBRARY FROM Mrs. F. Bed ell Comefl University Library 3 1924 031 498 789 olin.anx The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924031498789 HANDBOOK ON PARLIAMENTARY PRACTICE By ruffs WAPLES, LL.D., Author of "A Treatise on Proceedings In Bern," CHICAGO: CALLAGHAN & CO. • 1883. Knterert according to Act of Congress, in the year 1883, By CALLAGHAN & CO., In the office o£ the Librarian of Congress at Washington, D. G Stereotyped and Printed by the Detroit Free Press Co. PEEFACE. The law of order in deliberative assemblies is not de- pendent upon arbitrary rules and meaningless forms, as has been supposed, but it is founded upon reason and established precedent. This book proceeds upon the recognition of the law as a science, and the application of its principles as an art. The manipulation of business, by means of motions, constitutes almost entirely what is known as parliamen- tary law. Attempting to reduce it to system so that qicestions may be readily solved on principle, I have made a new classification of motions, arranging them in sets according to their character, and suggesting the reasons that underlie them; and I have sought to present the general subject in a natural order, conducive to sim- plicity and certainty. ^The plan does not seek to disturb the present methods of doing business. The purpose is to treat those methods in a simple yet thorough way; enable the learner to acquire knowledge of them easily, and aid the parliamentarian to handle his implements skillfully. Though no innovations upon established usages have been made or designed, disagreements with preceding writers have been unavoidable, owipg to differences in plan and theory. .Their works are mainly based upon the adopted rules of particular assemblies. Almost every legislative body in the country has a compilation embracing its own special regulations and the rulings thereon, with valuable documentary matter, but constituting no system and furnishing no means for \ determining new questions as they arise from time to ni5l IV PEEFACB. time. The legislator, supplied with such necessary in- formation thus collected, is like the member of a society holding its constitution and l)y-laws in his hand : neither has any key for the solution of problems, new and com- plicated, as they arise in the course of parliamentar)' procedure. / The citntion of precedents has been avoided herein for the reasons stated in §§ 204, 306, and because, in a work confined to the practice, I could not have given the origin and history of established usages without making the book too long, and somewhat impairing its unity. By omitting topics not strictly pertinent, I have been enabled to give more space than has been usual to tlie subject of practice. There is repetition, owing to the catechetical review at the end of each chapter; but, should studenta.or others pi-efer that form of presentation, and find it helpful, perhaps the more critical reader will withhold objec- tion. The list of exceptional motions may prove con- venient for reference. I have not endeavored, by the preparation of tables and other mechanical appliances, to obviate the necessity for study. I aim to help — by methodizing — by making simple; but not to open any "royal road." The advantages of a competent knowledge of parliamentary science are so great, and its acquisition comparatively so easy, that every citizen ought to give the subject his attention; yet there is, perhaps, no other of equal importance which is so much neglected by educated men. For further explanations, especiaily with reference to the importance given herein to parliamentary common law and its applicability to all deliberative bodies what- ever, the reader is referred to the closing chapter. R. W. Ann Arbor, Mich. OOK"TEI^TS. PAQB Classification of Motions, 3 Eeference List of Exceptional Motions 3 Rank of Motions, ... 8 CHAPTER I. — Obdin ARY and Declinatoby Motions 9 I. Ordinary Motions . . 9 II. The Question of Consideration, .... 11 III. Indefinite Postponement, . .... 13 Questions and Answers, .... . . 17 CHAPTER II.— Amendatobt Motions, ... 23 I. To Amend tlie Main Motion 23 II. To Amend an Amendatory Motion, . 34 III. To Amend Other Subsidiary Motions, . 37 Questions and Answers, ... ... 38 CHAPTER III.— Dilatory Motions, . . 45 I. To Commit .45 II. To Postpone to a Certain Time, . . 55 III. To Lay on the Table 62 IV. General Characteristics of Dilatory Mo- tions, . 66 Questions and Answers, . ... 69 CHAPTER IV.— The Resumption op Delayed Business 74 I. Taking up, after Tabling or Definitely Postponing . . 74 II. Business Reported Back by a Committee, 77 Questions and Answers, SI CHAPTER V. — Complemkntal Motions and NOJIINATIONS, . . .84 I. Nominations, 84 II. Filling Blanks with Names. 86 |vl COXTBNTS. Ill Filling Blanks with Numbers 90 Questions and Answers, . ..... 93 CHAPTER VI.— Incidental Motions, ... 96 I. The Withdrawal of a Motion, .... 96 II. The Division of a Resolution 98 III. The Reading of Papers, 102 IV. The Suspension of Rules, 105 V. Questions of Order, and Appeals, . . . 107 Questions and Answers, . . Ill CHAPTER VII. —Debate, 11.5 I. Speaking in Debate 115 II. The Order and Etiquette of Debate, . . 130 Questions and Answers, 12T CHAPTER VIII.— Ordbeing the Vote, ... 181 \. The Previous Question, 131 II. Calling for Voting Orders when Submit- ting a Resolution, 139 Questions and Answers, 141 CHAPTER IX.— Voting 148 I. Methods of Voting 148 II. Principles of Voting, 155 Questions and Answers 159 CHAPTER X.— Reconsideration 163 I. When and by Whom Moved, .... 163 II. Office and Rank of the Motion to Recon- sider, . . 167 Questions and Answers, . . . 169 CHAPTER XI.— Privimgbd Main Motions, . 172 I. Motions of Necessity, . .... 173 II. Adjournment, .... . ... 176 III. Adopting the Minutes, . .... 181 IV. _ Questions of Privilege, . . .... 184 Questions and Answers . . 187 CHAPTER XU.— The Organization and Con- stitution OF Assemblies, . 191 I. Organization, . . 19 1 OONTKNTS. Vll PAOE il. Constitution '201 Questions and Answers, 209 CHAPTER XIII.-Gekebai. Methods of Pbo- CBDURB IN State Legislatures 215 I. Organization, Introduction of Bills, etc., 215 II. Daily Routine of Business, . , . 218 III. Committee of the "Whole, etc 220 Questions and Answers, 223 CHAPTER XIV.— Methods of Pbocedube in Congress, 328 I. Constitutional Provisions on Parliamen- tary Order • 228 II. The Senate, 230 III. Tlie House of Representatives, .... 235 Questions and Answers, 241 CHAPTER XV.— Reason and Pbecbdent, . 349 I. Common Law of Parliamentary Procedure, 249 II. Special Rules of Parliamentary Procedure, 259 Questions and Answers • . . . 368 ID I i REFERENCE LIST OF EXCEPTIONAL MOTIONS. KET. 1. Amended, cannot be. 2. Committed, cannot be. 3. Debated, cannot be. 4. Divided, cannot be. B. Entered without moving in session, may be. 6. Indefinitely postponed, cannot be. 7. Journalized, need not be. 8. Moved while another has the floor, may be. 9. Moved when another ques- tion is under debate, may be. 10. Notice necessary. 11. Opens debate on the main question. 12. Postponed to a certain day cannot be. 13. Prequestioned; cannot be. 14. Question of consideration inapplicable. 15. Quorum, may be moved without. 16. Beconsidered, cannot be. 17. Seconded, need not be. 18. Tabled, cannot be. 19. Two-thirds required. 20. Unanimous consent re- quired. 21. Withdrawn by the mover, cannot be. 22. Yeas and nays cannot be ordered. Note. — The numbers in the Key correspond with those in the list below. H. refers to the practice in U. S. House of Represen- tatives ; S. refers to special rules usual in societies. Generally spealcing, ail motions may be amended, commit- ted, debated, postponed, tabled, prequestioned, reconsidered, etc., but the following list presents the exceptions and indicates answers to over 2000 questions. LIST. Accept a report, motion to, 1, 3, 4, 6, 13. Adhere to amendment, bill, etc., motion to (H. 1, 3, 4, 6, 13). Adjourn, motion to, 1, 3, 3, 4, 6, 9, 13, 13, 14, 15, 16, 18. Adjourn to a certain time, motion to, 3, 4, 6, 18, 16. Agree to a Senate amendment, motion to (H. 1, 3, 4, 6, 13). Amend, motion to, 6, 9. Amend an amendment, motion to, 1, 6. Amend rules, motion to (H. 10, 19); (S. 10, 19). Amend, after debate is closed, motion to, 3, 6. Amended motion, 31. [8] REFERENCE LIST OF KEY. 1. Amended, cannot be, 2. Committed, cannot be, 3. Debated, cannot be. 4. Divided, cannot be. 5. Entered without moving in session, may be. 6. Indefinitely postponed, cannot be. 7. Journalized, need not be. 8. Moved while another has the floor, may be. 9. Moved when another ques- tion is under debate, may be. 10. Notice necessary. 1-1. Opens debate on the main question. 18. Postponed to a certain day, cannot be. 13. Prequestioned, cannot be. 14. Question ot consideration inapplicable. 15. Quorum, may be moved without. 16. Reconsidered, cannot be. 17. Seconded, need not be. 18. Tabled, cannot be. 19. Two-thirds required. 20. Unanimous consent re- quired. Withdrawn by t^ie mover, cannot be. Yeas and nays cannot be ordered. 21, LIST — Oontimiecl. Amendment entire reported from the Committee of the Whole (H. 4). Amendment from the Senate (H. 4). Appeal, 1, 2, 4, 13. Appeal relating to a breach of order, 1, 3, 8 Appeal on a question of order taken after the previous question is moved, 3. Appeal decided after the passage of a bill to which it relates (H. 16). Appoint the next meeting, privileged motion to, 3, 3, 4, 9, 13. 13, 14, 15, 18. Appoint the next meeting, ordinaiy motion to, 4, 13. Bill on first reading (H. 1, 3). Bill upon its passage (H. 1, 14). Bill introduced on call of States and Territories, motion to refer (H. 3, 3, 6, 13). Business priority, motion relating to (H. 3, 3, 6, 13). Call to order, 1, 3, 3, 8, 17. Call of the House (H. 15). Change a rule, motion to (H. 10, 19); (8. 10, 19). Close debate, motion to, 1, 3, 3, 4, 6, 13, 13 (tl. 19): (S. 19). Close "the five minutes debate," motion to (H. 1, 3, 3 4, ^, 13, 18). Commit, motion to, 3, 6, 9, 11, 13, 18. Commit with instructions, motion to, 3, 4, 6, 11, 13, 18. Committee of the Whole, moiiou in (H. 3, 13, 16 18 33). EXCEPTIONAL MOTIONS. o Compel members to aixend session, motion to (H. 3, 3, 4, 13, 15). Complemental motion to fill blank, 3, 4, 6, 7, 13, 13, 14, 17). Conference committee's report (H. Ij 4, 8, 18). Consideration, objection to, 1, 3, 3, 4, 6, 13, 13, 14, 17, 18 (S. 19). Disagree to a conference report, motion to (H. 1, 3, 4, 6, 13, 18). Dispense with the morning hour, motion to (H. 1, 3, 3, 4, 6, 13, 13, 16, 19, 33). Dispense with the lirst reading of a bill, motion to (H. 1, 3, 3, 4, 6, 13, 13, 16, 30). Divide a question, motion or demand to, 3, 3, 4, 0, 13, 13, 14, 16, 17, 18. Extend debate, motion to, 3, 3, 13. Indefinitely postpone, motion to, 1, 3, 4, 6, 9, 11, 13, 18. Insist, motion to, after conference report (H. 3, 4). Lay on the table, motion to,>, 3, 3, 4, 6, 9, 13, 13, 16, 18. Lay on the table subject t« call, motion to, 1, 3, 3, 4, 6, 13, 13, 16, 18. Leave to introduce resolution or bill, motion for (H. 1, 3, 3; 4, 6, 13). Leave to sit in Committee of the Whole, motion for (H. 1, 3, 3, 4, 6, 13, 13, 16, 18). Leave to speak out of order, motion for, 1, 2, 3, 4, 13, 30. Leave to speak after breach of order, motion for, 1, 3, 3, 4, 13. Leave to renew a bill or resolution rejected by the Sen- ate, motion for (H. 10, 19). Limit debate, motion to, 3, 3, 6, 13 (8. 19). Memorial (H. 5). Minutes, motion to adopt, 6. Minutes, motion to amend, 6. Motion in Committee of the Whole (H. 13, IG, 18, 33). Motion, when vote thereon has been ordered, 1, 3, 3, 4, 6, 13, 14, 31. Motion that has been withdrawn, 7. Motion to table, after being carried, 16. Motion, after a motion to table it has been lost. 18. Nomination, 1, 3, 4, 6, 13, 13, 14, 17, 18. Order of the day, motion to fix (H. 3, 3, 4, 6, 13). EEFEEENCE LIST OF KEY. 1. Amended, cannot be. 3. Committed, cannot be. 3. Debated, cannot be. 4. Divided, cannot be. o. Kntered without moving in session, may be. 6 Indefinitely postponed, cannot be. 7. Journalized, need not be. 8. Moved while another has the floor, may be. 9. Moved when another ques- tion is under debate, may be. 10. Notice necessary. 11. Opens debate on the main question. 12. Postponed to a certain day, cannot be. 1.3. Prequestioned, cannot be. 14. Question of consideration inapplicable. 15. Quorum, may be moved without. 16. Reconsidered, cannot be. 17. Seconded, need not be. 18. Tabled, cannot be. 19. Two-thirds required. ^0. Unanimous consent re- quired. 31. Withdrawn by the mover, cannot be. 22. Yeas and nays cannot be ordered. JjlST—Ofmtiniied. Order of the day, motion to take up (H. 1,3. 3, 4, 6, 8, 12. 17). Order of the day, motion to take up out of due order (H. 30). Petition (H. 5). • Postpone to a certain day, motion to, 3, 4, 6, 9, 13, 18. Previous question, motion for, 1, 3, 3, 4, 6, 9, 12, 18, 14, 18 (S. 19). Question of consideration, 1, 3, 8, 4, 6, 13, 18, 14, 16, 17, 18 (S. 19). Question of privilege, 5, 8. Question of order on an undebatable question, 3, 17. Question of order arising after tlie previous question has been moved, 3, 17. Question on the title of a bill (H. 17). Reading papers under consideration, Biotion or call for, 1, 3, 8, 4, 6, 7, 12, 13, 16, 17, 18. Reading papers not under consideration, motion for, 1, 2, 3, 13. Receive a report, motion to, 1, 3, 8. 4, 6 13, 18. Recede from amendment (conference report), motion to (H. 3). Recede from amendment, under previous question, mo- tion to (H. 3). Recede from disagreement to a Senate amendment, motion to (H. 3). Recess, motion for, 2, 3, 4, 6, 9, 13, 18, 15. EXCEPTIONAL MOTIOXS. 7 Recess, motion for, pending call of the House (H. 9, 20). Recommit, motion to, 6, 11, 12. Reconsider, motion to, 1, 2, 4, 5, 6, 8. 11, 12, 16. Reconsider when tabled, motion to, 1, 2, 3, 4, 6, 12, 13, 16, 18. Reconsider a debatable question, motion to, 1, 2, 4, 5, 8, 11, 12, 16. Reconsider an undebatable question, motion to, 1, 2, 3, 4, 5, 6, 12, 18, 16. Refer bill introduced on call of States and Territories, motion to (H. 2, 3, 4, 6, 12, 13). » Refer to a conference committee, motion to (H. 1, 2, 4, 8, 18). Rescind a rule, motion to (H. 10, 19); (S. 10, 19). Rise from committee, motion to, 1, 2, 3, 4, 6, 12, 13, 14, 15, 16, 18. Seconding call for the previous question (H. 22). Strike out and insert, motion to (H. 4). Strike out the enacting words of a bill, motion to (H. 1, 2, 4, 6, 12). Suspend rules, motion to, 1, 2, 3, 4, 6, 10, 12, 13 (H. 19); (S. 19). Tabled motion to reconsider engrossment (H. 16). Take up from the table, motion to, 1, 2, 3, 4, 6, 12, 13, 16, 18. Take up out of order, motion to, 1, 2, 3, 4, 6, 12, 13, 18 (H. 19). Vote on an amendment to a bill ordered to be engrossed (H. 16). Vote on the passage of a vetoed bill (H. 16, 19). Withdraw motion, leave to, 1, 2, 3, 4, 6, 12, 17. RANK OF MOTIONS. Motions supersede each other in the following order, and are brought to the question in the reverse order. Incidental motions may inter- vene at any stage. Subsidiai-ies are printed in italics. -{ 1. The ordinary main motion or proposition. {Objection to consideration requires immediate vote.) \ Motion to postpone indefinitely. To ainend. 3. To amend in the second degree. 4. To refer to a select committee. 5. To refer to a standing committee. 6. To amend the motion to commM. 7. To amend in the second degree the motion to commit. 8. To postpone to a certain day. 9. To amend the motion to postpone to a certain day. 10. To a/mend above motion in the second degree. 11. For the previous question. 13. To la/y on the table. 13. The privileged main motion. 14. Applicable subsidiaries in the above order. 15. A question of privilege affecting a member. 16. Applicable subsidiaries in the above order. 17. A question of privilege affecting the body. 18. Applicable subsidiaries in the above order. 19. Motion to take a recess. 30. Motion to adjourn. 31. Motion to fix the day to which to adjourn, when privileged by necessity or by special rule. [8] PARLIAMENTARY PRACTICE CHAPTER I. Ordinary and Declinatory Motions. Moving 1 Seconding and Stating. 2 Classifioatiori of Subsidiaries, 3 Objecting to Motion 4 Rule of U. S. House of Repre- sentatives 5 Special Bule 6 Declining further considera- tion ? 7 When in order 3 Not amendable 9 Effect upon th,6 Main Motion, 10 I. Ordinary Motions. 1. Moving. A motion is the first step to- wards action by an assembly. A member, wish- ing to present something for consideration, must respectfully address the presiding officer, and, upon being recognized, must submit his proposi- tion. It should be in writing if not so brief and simple as to be readily caught by the secre- tary and taken down. It must be in writing if required by the chair or any member, unless it be one of mere routine or for some simple order, such as the motion to adjourn. It can be made only when there is no other pending of an equal or higher grade. Its character must comport with the purposes of the assembly; it must be such a motion as the house is competent to dis- cuss and adopt; for, if foreign to the nature of the body, it would not be in order. 2. Seconding and Stating. If not seconded, [9] 10 PAKLIAMEXTAEY PKACTICE. the motion is as though never made. Second- ing is i-equired, because a measure which has not at least two supporters should not be permitted to occupy the time of the assembly. The sec- onder, respectfully addressing the chair and being recognized, orally expresses his support of the motion. The president must state the motion upon its being seconded; repeating, reading or having the secretary read it. The question is thus pre- sented whether the motion shall be adopted. When stated, the proposition is beyond the con- trol of the mover, in possession of the- assembly and subject to its action. The moving of a proposition, as above de- scribed, is either an ordinary or a privileged main motion. The latter is so called because it is entitled to preference by reason of the urgency of its nature. 3, Classification of Subsidiaries. When any main motion has been stated and subjected to the action of the assembly, it may have sub- sidiary motions applied to it. Objection to its consideration, under special rules, may be made; or its indefinite postponement may be moved. The questions thus raised are for the purpose of declining the main question, and may there- fore be classed as Declinatory. If the assembly does not wish to decline the' consideration of the main motion, but wishes to improve it, a motion to amend may be applie,d and that may be followed by a motion to amend the amendment. These, with other like motions hereafter to be treated, should be styled Amenda- tory. Delay is frequently requisite; and motions ti) QUESTION OF CONSIDBEATION. 11 commit, to defer definitely and to lay upon the table are for the ostensible purpose of delaying present action, and may be properly classified as Dilatory. Motions to complete skeleton resolutions by filling blanks' with names, sums and numbers, differ so essentially from amendments that they should be treated as a separate class, and styled Complemental. ■ ■ Motions to suspend rules, withdraw motions, divide resolutions, read papers, dispose of ques- tions of order, etc., have long been known as Incidental. Motions having reference to voting, such as that for the previous question, the call for the yeas and nays, the motion to reconsider, and all motions fixing the method of voting, because of their kindred peeulia^rities, should be.cfassified together; and they may be properly called notions -Relative to Vbtinff. The above classification is conducive to a clear understanding of parliamentary methods, and does not interfere with the present estab- lished practice in the least degree. 11. The Qiuestion of Consideration. 4. Objection to a Motion. Objection to entertaining a main motion after it has been duly moved, seconded and stated, must be raised, if at all, before debate and before any subsidiary motion has been offered. A pro- position may be of such a nature as to be unworthy of consideration; it may be puerile or absurd; ifmay tend to cause scandal, unjustly 12 PAELIAMENTAET rEACTICE. 1-eflect upon character or expose confidential matters; and for any such reason, though with- out stating any at all, a member may raise the question of consideration, when it is allowed by special rules. Such question is not debatable, since it is raised to suppress instantly what ought not to be debated; and it could not be discussed with- out involving the merits of the motion sought to be suppressed. The question is only in order after the statement of the motion to which it is applied, and before discussion thereon, and be- fore any subsidiary motion relating to the orig- inal j)roposition. 6. Rule of House of Representatives. In the U. S. House of Representatives, " when any motion or proposition is made, the question Will the House now consider it? shall not be put unless demanded by a member." (R. xvi., 3.) The House does not confine the raising of the question to original propositions, but allows the objection to be made against a report, even when a question of privilege is involved. If, after the offering of a resolution, bill or report, and after its statement by the chair, adjourn- ment immediately follows, the question of con- sideration will be in order when such resolution, bill or report comes up as unfinished business. But, in all cases, such question is out of order if there has been discussion or any action on the measure to which it is sought to be applied. 6. Special Rule. This declinatory method can only be employed when authorized by special rule, because there is no reason for allowing one objector to forestall the two supporters which a stated proposition necessarily has, so IISTDEFINIT'E POSTPONEMENT. 13 m far as to reverse the order of voting — the ques- tion of consideration virtually causing the neg- ative side of the original proposition to vote first. If societies and other deliberative bodies choose to authorize the method, -two or more objectors ought to be made requisite, and a two-thirds vote might reasonably be required to decline a proposition summarily before dis- cussion or any action. There are other methods of universal use and well grounded in the com- mon law of parliamentary procedure — laying on the table and the previous question — which will always be found adequate to suppress dis- cussion and to dispose summarily of a measure. III. Indefinite Postponement. 7. Declining further Consideration. After a measure has come under discussion, its fur- ther consideration may be declined, but not by the method above presented. The second method diifers from the first in being debatable, though it involves the merits of the proposition to which it relates. Either is in order before the proposition has been discussed, but only the second- is allowable after discussion has been had. The latter is known as the motion to post- pone indefinitely. Its name is a misnomer, since the motion is not really to postpone but to defeat the pending measure altogether by declining its further consideration. Its real character must be kept in mind if we would avoid the misunderstanding and confusion that ■vfould be otherwise likely to follow. It should not be classified with dilatory motions, since, 14 PARLIAMBNTAEY PRACTICE. • being never employed foi- delay, its office is wholly different from theirs. Its only office is to suppress the pending measure for the general session, and indeed forever, since a measure indefinitely postponed can be brought up at a subsequent general session only as new business. It is governed by rules different from those con- trolling the motions to commit, to postpone to a certain day and to lay on the table, and should be classified as one of the declinatory motions. §. When in Order. One of the first of the good results to spring from the treatment of this motion according to its character and not its false name, is the settlement of the vexed question of its relative rank among sub- sidiary motions. The contrary positions taken by different writers is illustrated by the prac- tice of I the two houses of Congress: the Senate giving this motion higher rank than that of the motion to postpone definitely, to commit and to amend, placing it next to the motion to table, while the House of Representatives j)uts It below all those motions. The best usage, and (it may be said without much qualification) the established practice, is in accord with that of the House of Representa- tives, so far as its rule will work. But it can- not be made to work when the motion to amend competes with that to postpone indefinitely. Those motions must necessarily be operated under the rule. First made, first put. When the motion to postpone indefinitely is under consid- eration, the motion to amend the main motion cannot supersede it, for the latter motion would not be in order while the proposed declination by perpetual postponement should be before the INDEFINITE POSTPONEMENT. 15 House. So, when the motion to amend is under consideration, the motion to postpone indefin- itely cannot supersede it, for the latter would not be in order at that stage. In practice, the House of Representatives treats these two motions as of equal grade, does not allow either to supersede the , other, and strictly observes the order, First made, first ijut, though it properly allows both to be superseded by subsidiaries of higher grade; and such is the practice from the very nature of the case, notwithstanding the scale of rank adopted by House Rule xvi, 4. Most of the later manuals adopt that scale. The general practice is to treat the two motions as of equal grade. It may be convenient foi' the Senate to adopt a different usage because it does not employ the motion ordering the main question. For what- ever cause, it gives the motions to commit and definitely postpone lower rank, and specially pro- vides that the motion to postpone indefinitely shall supersede both them and amendatory motions. Such use, however, is neither neces- sary nor prevalent in deliberative bodies gene- rally. It may be received as a law of order, in the absence of a special regulation to the con- trary, that indefinite postponement cannot be moved while an amendatory or dilatory motion is pending — a law founded not only upon the best usage, but also upon reason. 9. Not Amendable. When an ordinary main motion has been duly made, seconded and stated, it is superseded as the question under consideration if a motion to postpone it indefi- nitely is made and seconded. The latter becomes the only motion under immediate consideration. 16 PAELIAMENTAEY PEACTICB. It can have no amendatory or other subsidiary motion applied to it, though it may be super- seded and put in abeyance by dilatory motions applied to the main ordinary motion. Those who claim that the motion to postpone indefinitely may be amended, seem to lose sight of the fact that it is entirely declinatory in character. That the motion to postpone indefinitely is not amendable is now generally conceded, though it has been said by a writer that it may be amended by striking out "indefinitely" and inserting a certain time. The effect of this would be to change it to a motion to postpone definitely, thus elevating it two degrees in ratik; or, if the Senate's gradation' be adopt'ed, lowering it one degree. Rather, it would be destroying indefinite postponement altogether and substituting definite postponement in its place. It would be exchanging a declinatory motion for a dilatory one. Since the sole object of indefinite postpone- ment is to destroy, why amend ? If successful, it destroys the main motion as effectually as defeat upon a final, direct vote could do. It cannot, therefore, be amended so as to do less or more. 10. EflPect on the Main Motion. If the motion to postpone indefinitely is carried, fur- ther consideration of the main question is de- clined, and the proposition is virtually lost, since it ii removed from consideration for the remainder of the general session and cannot be renewed. But, if this declinatory motion is not carried, the main question resumes its former ANALYSIS jsro. 1. 17 position as the only immediately pending busi- ness. ■ A tie vote on this declinatory questibn would fail to defeat the main proposition, though the reverse result would ensue from a tie upon the main question: it is, therefore, unwise for the opponents of the main proposition to resort to this declinatory method when the assembly is equally divided upon the question to which it is applicable. When this method is employed, the motion must be made unqualiliedly: " I move that the question be indefinitely postponed,"' or equiva- lent words. It is never employed to aid the main proposition, while all the dilatory motions always are, ostensibly at least, so employed. The further discussion of the question whether tfiis motion is amendable, and also that of its rank, may be profitably deferred till amenda- tory and dilatory motions shall have been treated. ANALYSIS No. 1. 1. What is necessary in making a motion? The mover must be a member of the assem- Moving, bly, must address the chair, must be recognized by the chair, and must be respectful ; his propo- sition must be appropriate to the purposes of the assembly, and must be presented when there is no other motion pending of an equal or higher grade. 2. How does the chair recognize him? , By returning the address, calling his name or by a nod of recognition. 3. Should all motions be in writing? Yes, except upon matters of mere routine, 2 18 PAELIAMENTAET PRACTICE. though oral motions are allowable when reduc- tion to writing is not demanded. 4. Should the chair call for a seconder? Seconding. That is not his duty. If a motion is not seconded, it forms no part of the assembly's transactions, and no notice of it is to be taken. 5. After a motion has been made, in whose control is it? In that of the mover, till it has been stated: so he may amend or withdraw it at his pleas- ure, at this stage. 6. How is a motion seconded? By a member's obtaining the floor and ex- pressing to the chair his support of the motion. 7. May only a part of a motion be sec- onded? The seconding must be unqualified, even though the motion be susceptible of division. 8. Why must a motion be seconded? To assui-e the assembly that it has more than one supporter and may therefore be worthy of consideration; and to create the presump- tion that there are others who favor it. 9. Are there no exceptions to the requiring of a second? In mere matters of course, and of routine, the chair does not always wait for the second- ing but takes the assent of all for granted, after inquiring whether there are objections. 10. How may the presumption created in favor of a measure by the moving and second- ing of it, be rebutted ? By objection to the consideration of the question being sustained, when this methpd is allowed by special rule. 11. What is the duty of the President when a motion has been duly made and seconded? Stating He must state the question, accurately re- OLuestions. peating the proposed resolution or order, or reading it, or causing the Secretary to read it. 12. When stated, is the motion still undej the control of the mover? It is then in possession of the assembly, and ANALYSIS NO. 1. 19 cannpt be modified or withdrawn by tlie mover without the consent of the house. 13. May a motion be made"'wliile another is pending? No, unless it is of a different grade, or re- lates to the motion pending. i 14. How are motions classified? Classifica- Into Main and Subsidim-y. tion. 15. What is a Main Motion? Main It is an original and independent proffer or motion. proposition. 16. How are Main Motions divided? Into Ordinary and Privileged. 17. What is an Ordinary Main Motion? It is an original, independent proposition, not of a privileged character. 1§. What is a Privileged Main Motion? It is an original, independent proposition having preference over ordinary main motions because of the importance and urgency of its nature — as tlie motion to adjourn, to take a recess, to adopt minutes, etc., and motions affecting the privileges of an assembly, or of its members. 19. What is a Subsidiary Motion? It is a proposition relating to a main or some other foregomg motion. 20. How are Subsidiary Motions divided? subsidiary Into Declinatory, Amendatory, Dilatory, motions. Complemental, Incidental and Motions Rela- tive to Voting. 21. What is a Declinatory Motion? Deolina- It is a motion to decline the entertaining of ^°'V- a proposition, or to decline its further consid- eration after having been entertained. 22. What are examples of the Declinatory Motion? That of raising objection to a motion when first made, and that to postpone it indefinitely. 23. What is an Amendatory Motion? Amenda- It is one to amend a foregoing proposition, 'ory. or to amend an amendment, or to amend a subsidiary motion. 24. What is a Dilatory Motion? Dilatory. 20 PAELIAMBNTAEY PRACTICE. Comple- mental. Incidental. Relative to voting. Declina- tory mo- tions. Question of consid- eration. It is one to delay a foregoing proposition. 25. What are examples of this class of motions? Motions to Refer to a Committee, to Post- pone to a certain time, and to Lay on the Table. 26. What is a Complemental Motion? It is a motion to fill a blank in a skeleton resolution with a name, or to fill it with a number. 27. What is an Incidental Motion? It is a side proposition, allowable while another is pending; such as a motion to with- draw a previous motion, to divide a resolu- tion, to read a paper, to suspend a rule, etc. Incidental motions on questions of order be- long to this class. 2§. What is a Motion Relative to Voting? It is a call for the Previous Question, a call for the yeas and nays, a motion to fix the mode of voting, or a motion for the Reconsideration of a vote. 29. When may an assembly decline to entertain a motion? After it has been stated, but before discus- sion, the offer of amendment or the making of any other subsidiary motion ; but the ques- tion of consideration cannot be raised unless authorized by special rules. 30. For what purpose are motions some- times thus declined? To avoid profitless questions of a delicate nature. 31. Is the motion to decline to entertain a proposition, or the question when raised by mere objection, debatable? No, for the object of this declinatory action is to avoid the subject altogether. 32. Ought the question "Will the house now consider the resolution" be put by the chair,'when no objection has been made to it? It can only be put on demand of a member, by the rules of the U. S. House of Represen- ANALYSIS NO. 1. 21 tatives. In other bodies, the practice must be regulated by special rule. 33. May further consideration be declined after the assembly has indulged in debate? indefinite Yes; before or after, by the motion to post- postpone- pone indefinitely. ment. 34. May indefinite postponement be moved after some other subsidiary motion has been moved and seconded? By the better practice, it cannot; though by the special rules of some assemblies, it can. By those of the U. S. House of Representfl- tives, it cannot. 35. Is it debatable? Debatable Yes; even the merits of the original motion may be discussed, because indefinite postpone- ment would defeat that motion. 36. Is it the object of this declinatory motion to postpone the one to which it iS applied? No; and the name of it is therefore false and misleading. 37. May the motion to postpone indefin- Notamend itely be amended? able. It cannot, for the only amendment conceiv- able is to make postponement less than inde- finite, and that would totally change its char- acter from a declinatory to a dilatory motion, would change its rank by two degrees, and render it useless fdr the purpose for which it is employed. 3§. May it have any other subsidiary jjeiative motion applied to it? • to other No; but it may be superseded by dilatory motions- motions applied to the main question. 39. May it be superseded by an amenda- tory motion applied to the main question? No; for since its ofiBce is to destroy the main motion, the amendment of the latter would be superfluous at this stage; and also because an amendatoi-y motion does not out- • rank that to postpone indefinitely, if the latter is first made. 22 PARLIAMENTAEY PRACTICE. 40. What is the effect of the adoption of this declinatory motion? The main (Question is removed from consid- eration for the general session, and is virtually lost. ■H. What if the motion be lost? The main question regains its position as the one subject under considei'ation. CHAPTER II. Amendatory Motions. When in Order 11 Proper Use 12 Amendment by Addition... 13 By Elimination 14 By Substitution 15 Divisibility of Substitutions 16 Putting the Question on StriMng Out and Insert- ing 17 Relevancy 18 Amendments not Germane 19 Inadmissible Substitutes. . . 20 Admissible Additions 21 Amendments Confined to the Subject Matter 88 Negative Amendments 23 Abuse of Amendatory Mo- tions 24 Amendments Limited to the Second Degree 25 Apphcations of the Motion of that Degree 26 How Put to Vote 27 Practice in U. S. House of Representatives 28 Amendment — Relative to Declinatory and Dilatory Motions 89 To Incidental and other Mo- tions 30 I. To Amend the Main Motion. 11. When in Order. It is in order to move an amendment as soon as the main motion has been stated by the chair, provided that motion is amendable. It is not in order, if a declinatory motion, such as that to postpone indefinitely, has been inter- posed, for the reason that there is no utility in perfecting a proposition if its consideration is to be declined. But should the declinatory motion be lost, and the ordinary main motion thus re- gain its position as the only thing under consid- eration, amendment would be in order. It is not in. order when a motion to commit, to definitely postpone, or to table the main ques- tion, is pending, nor when any other subsicliary one is pending, for the reason that any proposed [23] 24 PAELIAMENTAET PRACTICE. disposition of the main motion may preclude the necessity of amendment, and for the further con- clusive reason that the house can entertain but one question at a time. But, should anyone or all of these be made and lost before amendment is oifered, a motion to amend the main question would be in order. Should an amendatory motion be made before the offering of a dilatory or incidental one, or one ordering the vote, or a privileged main mo- tion, it would be superseded and put in abey- ance by the introduction of any of them. 12. Its Proper Use. The proper use of the amendatoi-y motion is to aid and perfect that to which it is applied; to befi'iend the antecedent proposition and render it more worthy of sup- port and adoption. The legitimate office of the subsequent and minor proposition is to improve the anterior and major one by becoming incor- porated into it. But this form of motion is fre- quently abused in practice to accomplish the very opposite result, being wielded by an un- friendly hand, and designed to destroy rather than perfect the original proposition. It will be found convenient to consider first the proper use of the motion, and to notice its abuse after- wards. 13. Amendment by Addition, There are three ways of amending: Addition, elimination and substitution. Addition is when something is inserted. A motion to amend a resolution or bill by insert- mg words, phrases, sentences, sections, etc., seeks to complete it by supplying what the mov- er believes to be wanting. An addition should be carefully prepared before being offered, since, • TO AMEND THE MAIN MOTIOIiT. 25 if adopted, it cannot be afterwards made the subject of a motion to strike it out, and can only be reached by a motion to reconsider; so, if ill-advised, it may serve to burden the orig- inal proposition, though offered in the most friendly spirit. The reason why, after its adop- tion, it must stand as a part of the proposition is, that the assembly, having passed upon it as an amendment, cannot pass upon it again in that character under a motion to strike it out. If re- jected, the precise amendment cannot be re- offered. 14. By Elimination. Elimination is when something is stricken out. A motion to amend a resolution by striking some part of it out, seeks to improve it by removing superfluous, un- popular, or otherwise objectionable matter. Should a motion to strike out be lost, it cannot be renewed, because it is entitled to be passed upon but once in its form as an amendment. A motion, however, to sti-ike out more or less than that which has been thus passed upon would pre- sent a different question; for members might favor or oppose the latter upon considerations different from those influencing them when vot- ing upon the former. If a motion to eliminate be carried, the re- sult is final so far as amendment is concerned; the rejected part cannot afterwards be restored in the same form in which it was rejected.^ On- ly by reconsideration of the motion to strike out can the lost matter be restored by way of amendment. 15. By Substitution. Substitution is effect- ed by a motion to strike out and insert. Its proper use is to strike out some part of a pend- 26 PAELIAMENTAET PEACTICE. ing proposition and to insert something better in lieu thereof. Its abuse consists in substitut- ing something worse, to cripple the proposition; or to strike out all but the resolutory word or en- acting phrase, to effect its destruction. Consid- ering now only the legitimate office of substitu- tion, the reader will perceive that it combines both the above mentioned forms of amendment. Whether, in any case, it should be treated as two propositions, and should be put to vote, first, upon the elimination and, secondly, upon the addition, depends entirely upon the nature of the motion to amend by substitution. If the amendatory proposition preserves unity, the vote upon striking out and inserting must be put as one question. If the amendatory proposition is divisible, the vote must first be taken upon strik- ing out, and, secondly, upon inserting; that is to say, if the amendment is of such a character that some members might reasonably desire that the elimination should take place, yet nbt desire that the gap be filled by the insertion proposed, then the question may be divided. 16. Divisibility of Substitutions. Whether or not the question upon striking out and insert- ing may be divided depends, as above stated, upon its nature, whether it really embraces two or more propositions, or is a question of unity; and, in this respect, it is precisely like any other resolution. Unity is the characteristic when the substitution of one thing for another is the only idea of the amendatory motion, so that striking out without inserting would be absurd. Divisibility is the characteristic when two or more distinct ideas are included in the motion, each of which may properly be voted upon TO AMEND THE MAIN MOTION. 27 separately. This distinction is made .with refer- ence to the proper use of amendatory motions; but when considering allowable abuses, it will be seen that division may be parliamentarily in order, in some cases, even though involving absurdity and tending to the defeat of the main proposition. In the lower house of Congress, a motion to strike out and insert is held indivisible (Rule xvi, "7), but, in the absence of a special rule, divisibility should depend upon the character of the proposition, as above stated. 17, Putting the Question. The better practice, in taking the vote upon a motion to strike out and insert, is to put it as a whole, unless division is asked and ordered; and, when ordered, to put the question upon striking out in the form in which it is made, and not whether the original words shall stand as a part of the resolution. The latter method was formerly much used, and it is now employed in some assemblies, and is stated as the proper usage by some writei's; but the former is in accord with the motion to strike out; and, for that reason, and also because it rightly gives the opponents of elimination the advantage of a tie vote, it should be preferred. The general law is that all motions must be stated by the chair and put to vote precisely in the form in which they are offered; and thei-e seems to be no reason why a motion to strike out, or to strike out and insert, should create an exception. It is not analogous to an appeal from a decision of the chair on a point of order when' the form is, " Shall the decision of the chair be sustained ? " or, " Shall the decision of 28 PAELIAMENTAEY PRACTICE. the chair stand as the sense of the House ? " for in all appeals from decisions, as in those from judgments of courts, the question is upon their being sustained. An appeal is not a motion, and therefore it is no criterion for the fiutting of motions. If the putting of the vote in the form indi- cated by the motion is not the universal prac- tice, it is the better practice; and, in this coun- try, it has grown into great favor and extensive use, and is certainly based upon reason. 18. Relevancy. The relevancy of amenda- tory motions to the proposition sought to be amended should be maintained within reason- able though liberal bounds, if such motions are to be properly used and not abused. The rea- son is found in the legitimate purpose of emen- dation: the making of the proposition better. Practically, however, great latitude is allowed, and palpable abuses tolerated, as will soon be shown; but there are limits, and they are first to be marked. When there is total absence of congruity be- tween the proposed amendment and the main motion, so that the amendment is a new prop- osition, upon a different subject, the motion should be ruled out of order for irrelevancy. The reason why it should be so ruled, is that while there is a proposition lawfully before the house, no new proposition on a different subject can be entertained; and what cannot be done directly cannot be rightly done indirectly by disguising the intruder with the mask of an amendatory motion, and fraudulently giving it the favored position of a subsidiary, for the TO AMEND THE MAIN MOTION. 29 purpose of having it supersede the proposition ah-eady legitimately under consideration as the one topic before the assembly. The dishonesty of supplanting a main motion by another of really the same grade, but clothed with the garb of a preference motion, is clearly apparent when previous notice is required; for, though the main motion would be subjected to such requirement, the supplanting motion, coming in the guise of an amendment, would be intro- duced in violation of the spirit of the rule. If such indirect practice is to be tolerated, all the benefits of gaining the floor, giving due notice, making thg original motion in due order and at the proper time, obtaining a seconder, having the motion stated and observing the maxim, "One thing at a time," would be lost. If one foreign proposition may thus supplant a main motion regularly before the assembly, others ihay don like disguise and intrude themselves in turn, and the whole system of parliamentary order may be deranged. 19. Amendments not Germane. The U. S. House of Representatives has adopted the only true, reasonable and logical rule on this subject: "No motion or proposition on a sub- ject different from that under consideration shall be admitted under color of amendment." (Rule xvi, 1.) The Senate has a similar rule with respect to amendments to general appropriation bills (R. 29), but is silent upon the relevancy of £^mend- ments in general. The House rule expresses what ought to be the general law upon the sub- ject, and what therefore is the general law 30 PAELIAMESTTABY PEACTICE. unless it can be shown that there is reasonable established practice to the contrary. This rule, readopted recently, has long been in use by the House, and the precedents set by that body have been generally in accord. Those to the contrary may be accounted for from the ,fact that appeals from a Speaker's decision are too frequently decided rather under influence of partizan bias than upon conviction as to the merits of a point of order. 20. Inadmissible Substitutes. IJnder color of amendment, it is not in order to substitute, after the word "Resolved," a proposition con- demnatory of polygamy in Utah, for One de- claring that duties on imported silks should be reduced; nor after the word "Ordered," to insert that the clerk notify members respecting a special order, in lieu of the mandate that the sergeant-at-arms shall bring in a certain absent member; nor after the words, "Be it enacted, etc.," to strike out a bill relative to national banks, and insert one upon foreign relations. Yet so-called amendments, quite as incongruous have been allowed in Parliament, and the reason has been given that there is no necessity that the amendment should be akin to the question. Other rulings there, however, sufficiently neu- tralize those sustaining substitutions not ger- mane, so that we are free to follow the better pre- cedents and the reasons sustaining the position that one duly introduced main motion, bill or order cannot be supplanted by another foreign to the subject, under the disguise of amendment. 21. Admissible Additions. Additions, how- ever, to the main motion, bill, etc., are liberally allowed if on the same subject-matter, though . TO A.MEND THE MAIN MOTION. 31 greatly enlarging the scope of the original idea. A bill granting right of way for a railroad might be amended by extending the grant to a lateral road A resolution concerning our diplomatic relations with Peru may have an addition includ- ing those with Chili, if the original subject has a bearing upon the latter country. The practice of Congress has not been uni- form with regard to additions; they have some- times been allowed, when of doubtful character, and sometimes refused when sufficiently ger- mane, owing to the difference of opinion that is quite common among men as to the congruity of different ideas. Want of uniformity is not mentioned here by way of criticism, but rather to show that the House rule and the reasons un- derlying it are more reliable than the prece- dents upon the subject. 22. Additions Confined to the Subject- Matter. The law on the relevancy of amend- ments seems to be that if they are on the same subject-matter with the original motion, resolu- tion, order or bill, they are admissible, but not when foreign thereto. Both with regard to sub- stitution and addition, this law applies. All of a resolution after the word " Re- solvecj," may be stricken out, and new matter supplied, provided the latter is really an amend- ment; that is, really on the same subject-mat- ter and not a resolution on another topic. So of an order. So of a bill; all after " Be it en- acted," etc., may be eliminated, and substitution may be made of a relevant character, within the limits above stated. All of a resolution, order or bill may be retained, and additional matter added, provided it is congruous, though it may 32 PAKLIAMENTAEY PEACTICE. greatly extend the original ppoposition; and like rule and reason apply to motions to strike out without adding, for the original idea may be circumscribed and changed thereby, yet the curtailment may possess the true character of an amendatory motion. 23. Negative Amendments. In the appli- cation of the word "not" by way of amend- ment, an obvious but nice distinction must be observed. If such an amendment is meant to perform no other office than to put the negative of the original proposition to vote in advance of the affirmative, it is not in order. For in- stance, if there is a resolution pending in a state legislature to instruct senators in Congress to vote for a tariff bill there pending, a motion to qualify " instruct " by the word " not " would be out of order, for the reason that the parlia- mentai-y course is to bring the resolution to vote by taking the sense of the affirmative side first, and the proposed amendment could perform no office except to reverse this order. It is there- fore inadmissible, because useless, mischievous and tending to complexity. But, if the amend- ment applies the qualifying word to the verb "to vote," it would not be objectionable on the grounds stated. The legislature might choose to instruct the senators not to vote for the tariff bill; and a resolution changed to this form would still be an affirmative proposition. The question might be raised whether the amend- ment is germane, but there seems no doubt that such qualification is within the latitude allowed to amendments. If it be thought an abuse of the proper function of the amendatory motion, TO AMEND THE MAIN MOTION. 33 it may still be sustained as -within the purview of allowable abuses. 24. Abuse of Amendatory Motions. The abuse of the amendatory motion is the wielding of it in parliamentary tactics to render the main motion defective, ridiculous, absurd or im- proper, with a view to its defeat. Such abuse is sometimes in order and sometimes not. Though there is a sense in which it is never proper, yet while improper it may be parliamentarily in or- der. If an amendatory motion is relevant to that to which it is applied, and is plausibly per- tinent, the chairman will entertain it rather than take the responsibility of ruling against it. He ought to give the amendment the beneiit of a doubt, in cases where he is uncertain of its ad- missibility. He should not presume to know the animus of the mover as unfriendly to the main motion. Though the object is manifestly to expose some absurdity in the original propos- ition, he may be obliged to rule the amendment in order. On the other hand, if the amendment itself is palpably /idiculous, absurd, trivial and tending merely to confusion and indecorum, he should rule it oat of order, and let any mem- ber appeal if dissatisfied. Abuse may take any of the three forms of amendment: addition, elimination or substitu- tion. To a motion for admitting judges to seats on the floor of the House, an amendment to include clerks of courts and bailiffs would be allowable, though the evident object would be to cripple the main motion. A motion that the word " judges " be stricken out of the original resolution and the words " all citizens " be in- serted, would be a manifest blow at the resolu- 34 PARLIAMENTARY PRACTICE. tion itself, but the chair could not properly rule such substitution out of order. Suppose the following resolution to be duly pending: "He- solved, That all motions f-elative to special orders shall be undebatafte," and it should be moved to amend by eliminating the words " relative to special orders," so that the resolution, if thus shorn, would make all motions undebatable: would the amendment be in order? It would altogether change the original meaning, but the chair could not do otherwise than entertain it as being within the bounds of allowable abuses. The division of- a substitutory amendment may also be abused so as to result in the defeat of the substitution. Suppose this resolution: " Resolved, That the assistant librarian be pro- moted to the position of chief librarian," should be followed by a motion to strike out the word "promoted," and insert in lieu thereof the words, " removed from his office and appointed." Now, should a division of the amendment be ordered, so that the vote must be taken first on the proposition to remove the assistant librarian, that proposition might be carried; afterwards the proposition to appoint him to the position of chief librarian might be lost. The original resolution, thus crippled, would be voted against by its former friends: the result of disregard- ing the unity of the substitution. XL To Amend an Amendatory Motion. 25. lilmited to the Second Degree. Mo- tions to amend extend to the second degree, but not beyond. Further modification would tend TO AMEND AN AMENDATOEY MOTION. . 35 to confusion rather than to clear expression of deliberative will. Some limit is necessary, and the usage has grown into law that an amend- ment to an amendment is allowable, but that no motion can bo entertained to amend further. The motion to amend an amendment super- sedes the question on the amendment, and be- comes the only topic immediately under consid- eration. It must have some disposition before either its immediate predecessor or the original resolution can be further handled. It becomes the only question before the assembly for imme- diate consideration. 26. Applications of the Motion. This motion is in character so much like that Just considered, that nothing more need be said than that it may be to strike out, strike out and insert, or simply insert, but with reference to the amendment only which it seeks to modify. So important, however, is this parliamentary instrument that its temporary postponement carries with it the amendment and the original resolution; and when the assembly afterwards resumes consideration of the question, the amendment to the amendment retains its place in front, so that it must be adopted or rejected before any further step towards a vote upon the older questions can be had. By the 31st of the Standing Rules of the U. S. Senate, when an amendment by striking out and inserting is pending, " motions to amend the part to be stricken out shall have prece- dence." It seems to be specially allowed that while a motion in the second de^i*ee to amend the words to be inserted is pending, another motion in the second degree to amend the part 36 PARLIAMENTARY PRACTICE. of the motion of the first degree, to strike out, may not only be entertained, but shall have the preference. A motion to amend an amendment may be divisible, subject to the same proceeding as a divisible first amendment or original motion: and this is the common practice. It may be withdrawn by the mover before being stated, or upon motion after having been stated, pre- cisely like the antecedent propositions. A mo- tion to divide, or to withdraw, would not be in the third degree, for neither is an amendatory motion. ST. How put to Vote. When put to vote, the chair should state the question, the matter proposed to be amended, and the resolution as it will read after the modifications; and, to do so, it is better that the Secretary be called upon to read the pending resolution, pending amend- ment and immediately pending modification of the amendment. Then the chair should, if the meeting is ready, put the question on the amend- ment to the amendment. When the decision has been announced, whether the motion be carried or lost, another amendment to the amendment, if moved, would be in order. If the motion above discussed has been carried, the modification of the amendment has been merged in the amendment; so a motion fur- ther to modify the amendment would not be in the third degree. If the motion has been lost, the field is equally clear for another motion to amend the amendment without trenching upon the prohibited bounds. There is no limit to the number of amend- ments to amendments, provided they come by TO AMEND OTHBE SUBSIDIAET MOTIONS. 37 one motion at a time, when no other amend- ment in the second degree is pending. The assembly can easily protect itself from abuse in this direction by remedies readily applicable, as will hereafter appear. 2§. Practice In U. S. House of Repre- sentatives. Although it is a settled rule of parliamentary law that amendment beyond the second degree is not permissible,, yet by Rule xix of the TJ. S. House of Representatives, "When a motion or proposition is under con- sideration, 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 amend- ment by way of substitute, to which one amend- ment may be ofEered, 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." III. To Amend Other Subsidiary Iilotions. 29. Relative to Declinatory and Dilatory- Motions. Amendments are inapplicable to de- clinatory motions. They apply to two of the dilatory but not to the third; that is, motions to commit or to definitely postpone the main motion may be amended, but that to table it may not. As this application of amendatory motions will be more readily understood after dilatory motions have been discussed, it is rele- gated to the chapter on that class of subsidiary motions. 30, To Incidental and Other Motions. So far a,s amendment is applicable to incidental 38 PAELIAMENTAET PEACTICE. « and other classes of motions, it will be treated hereafter in connection with those classes res- pectively. It may not be unnecessary here to remark that the motion to divide a proposition is not deemed an amendatory one, as some have considered it, and that its treatment, therefore, does not belong to this chapter. The filling of blanks with numbers and names will come up hereafter in proper place, for it is governed by rules different from those which apply to amend- atory motions. Some privileged main motions are, in their nature, not amendable; such as that to adjourn. Generally speaking, no undebatable motion, whether main or subsidiary, can be amended. ANAIiYSIS No. 2. Amenda- 42. When is an amendatory motion appli- toiy mo- cable to an ordinary main one? ons. When the latter has been stated; and at any time, provided no .other subsidiary motion has intervened. 43. Why may it not supersede a pending declinatory motion? Because there is no utility in perfecting a proposition if its consideration is to be declined. 44. Is it in order while any dilatory motion is pending? No; for the reason that commitment, defi- nite postponement or tabling the main motion may preclude the necessity of its amendment. 45. May dilatory motions be applied to the main question while one to amend it is pend- ing? fes; because delays are to befriend the main question and to favor amendment; and also because amendatory motions are not thus de- ANALYSIS NO. 3. 39 feated, since they adhere to the main question, and are brouglit back with it. 46. Do dilatory motions supersede an amendatoiy one? Yes; in the order of consideration and vot- ing. 47. What is the proper use of an amend- Object of. ment? To perfect that to which it is applied. 48. Is it always confined to this legitimate purpose? There are allowable abuses. 49. lu what ways is amendment applied? Three; by addition, by elimination, and by substitution. 60. What is amendment by addition? ■*-"^t°h' Adding or inserting something. SdTition. 51 . Can an adopted addition be afterwards corrected? Only upon reconsideration of the vote adopt- ing it. 53. Why not? Because the house having passed upon it as an amendment, cannot pass upon it again in that character, either upon a motion to strike it out or to change it. 53. Can a rejected addition be afterwards reoffered? No ; and for the same reason ; but more or less may be, since tlie precise proposition would not thus be reoffered. 54. What is amendment by elimination? Byelim- Striking out something. ination. 55. Can an adopted elimination be nega- tived by a motion to reinsert the motion stricken out? Only by going over the same ground after ordering a reconsideration. 56. Can a rejected motion to eliminate be renewed? No; in both cases the action is final unless the former vote be reconsidered. 57. What is amendment by substitution? By substi- Striking out and inserting. tution. 40 PAELlAMENTASy PKACTICE. Division of substi- tutes. Putting the ques- tion. 58. Should it be treated as two proposi- tious? No ; unless it is susceptible of being divided into two without destroying the sense, and without disadvantage. 39. When may such motion be deemed in- divisible? "When it imparts unity of idea, so that the striking-out and tlie putting-in are intimately and indissolubly connected. 60. When may such a motion be deemed divisible? When two distinct ideas are presented, each of which had better be considered separately; and when members might properly vote to strike out, yet vote agamst inserting; or might properly vote to insert, yet vote against strik- ing out . 61. When divisible, should the chair al- ways take the vote separately on each proposi- tion? Only when demanded and duly ordered. 62. Then, in what order must they be put? First, upon striking out; secondly, upon in- serting. 63. What are the rule and usage of the United States House of Representatives? Divisibility is disallowed in such case. 64. In what form should the question upon striking out be put? The better practice is to put it in the form in which the motion is made, though the special rules of some assemblies require that the question shall be whether the original words shall stand. The former mode is pre- ferable, because in- accord with the motion, and because the motion to strike out is then properly lost in case of a tie. 65. Is not the putting of such a question analogous to the putting of an appeal? No ; because the question upon appeal really is, "Shall the decision stand?" like a judicial appeal. ANALYSIS NO. 2. 41 66. Must amendatory motions be ger- Germane mane to the original proposition to which they amepd- are applied? "'«''*^ Yes; there must be relevancy. Where there is total incongruity, the motion to amend would not be in order ; but much latitude is allowed. 67. Why may not an incongruous amend- ment be in order? Because it is in effect a new proposition; and, not being in order as a new main motion, 'it cannot steal in under the disguise of an amendment. 68. What are the rule and practice of the Practice in United States House of Representatives? Congress. No motion on a different subject is admis- sible under order of amendment. 69. Is this the established practice upon the subject? It is the better practice, extensively estab- lished, and the only reasonable usage. 70. Is the same rule applicable to bills? The same usage and the same reason apply to amendments to bills, joint resolutions, orders, etc. 71; Has the practice of Congress always been uniform? Not with respect to additions, though gen- erally so with respect to substitutions. 72. Has the rule of relevancy been always observed by the houses of the British Parlia- ment? No ; though there has not been uniformity of practice. 73. What is the common rule with regard Belevancy to the relevancy of amendment by addition? It must be on the same subject-matter with the original; if foreign thereto, it would be out of order. 74. May all of a resolution after the word Besoked, be stricken out, and new matter sub- stituted? Yes; provided it is really an amendment; that is, on the same subject-matter; but a 42 PAELIAMKNTAEY PRACTICE. foreign proposition cannot thus supplant the one ligitimately in place before the house. 75. Does this apply to a bill? Yes; legitimate substitution may take place after the enactory clause. 76. May not the new vary from the old? Yes ; the original idea may be enlarged or curtailed, but there must be congruity. Negation. 77. May the original proposition be re- versed by an amendment inserting the word "not"? No; if reversal is the object it cannot be' attained by amendment, since the parliament- ary course is to bring the original proposition to vote. But the negative is allowable when applied to some part of the original, proposi- tion without such object or possible effect. Doubtful 78. What is the true course when the re- relevancy, levancy of an amendment is doubtful? The chair should entertain the amendment. 79. Is there not a margin of allowable abuse? Yes; though the use of amendment is to be- friend, it may be perverted to cripple and de- feat its principal, and yet be allowable. . 80. What should the chairman require? That it always be plausibly pertinent. Trivial ^1. How should he rule if an amendment amend- be palpably trivial and absurd? ments. Jje should properly rule it out, leaving the mover his remedy by appeal. Order of 82} May more than one primary amend- amend- atory motion be under consideration at once! ments. j^^. ^j^g doctrine, "one thing at a time" applies as to all other motions. 83. If one primary motion be adopted 01 rejected, may another primary one be made? Yes; any number of them successively. Amend- §4. What is an amendatory motion of the Srslcond^«°o?d degree? degree. It is the amendment of an amendment. 85. May there be an amendment in t^e third degree? ANALYSIS NO. 2. 4S No; because it is unnecessary and would tend to confusion. 86. What is the effect of the secondary amendment on the primary? It supersedes the primary, is of higher rank and its question is first put. > 87. In what form must the secondary amendment be made? It may be an addition, an elimination on a substitution, but it must apply to, and be con- fined to the primary. 88. What is its rank with regard to other Rank, subsidiary motions? It is higher than declinatory motions but below dilatory ones, and yields to incidental ones. 89. 'What is the effect upon it of the com- mitment, definite postponement or tabling of the main motion? It still adheres to the primary amendment, which still adheres to the main motion, so that it is delayed with them, and is afterwards resumed as first in order when they are re- sumed. 90. What is the law with regard to its divisibility? The same as that applic5,ble to primary amendment. 91. May more than one secondary amend- ment be under consideration at once? No ; but when one is either carried or lost, another may be offered, and several others successively. 92. Does Congress invariably follow these laws? Both houses, under special rules, have some- what modified them,'each for its own govern- ment. 93. Are amendments applicable to decliu- Appliear atory motions? biuty. No; for reasons already given. 94; Are they applicable to dilatory mo- tions? 44 PAELIAMENTART PEACTICB. To commitment and definite postponement, but not to tabling. Amending 95. How may the motion to commit be motion to amended? commit. gy substituting one committee for another, by inserting or strilcing out instructions, by altering the time of reporting, etc. 96. If the motion is to refer to a select or special committee, how may the reference then be made to a standing committee? By special rules, a separate motion for reference to a standing committee is common in legislative bodies, with preference over that to refer to a select committee. Amending 97. How may the motion to defer defln- motionto jtely be amended? deflmteiy ^J altering the time, making a special order, etc. Tabling 9§, Why is the motion to lay upon the Sbte" table not amendable? Because it is complete and in the simplest form. 99. Why not amend by adding "subject to call?" Because two motions would have to be voted upon then instead of one; and facility of use (a great merit of this motion), would be hindered. Tabling subject to call is a dis- tinct matter and may be the first fonnxof the dilatory motion, but cannot be added by way of amendment. Eelativeto 100, What is the rank of amendatory dilatory motions in relation to the dilatory ones to motions. u • T_ . i_ T J o which they are applied? They outrank and supersede them in order of consideration and vote. 101. What is the better course when the main motion has become burdened with amendments, primary and secondary, of a crude or complicated character? It had better be delayed by means of some one of the dilatory motions; usually by refer- ence to a committee. CHAPTER III. Dilatory Motions. Reference for Revision SI Reference for Preserra- tion 33 Reference in Gleueral 33 To Standing or Select Com- mittees 34 Form of Motion to Commit 35 Fixing Time for Reporting.. 36 Bank of Motion to Commit 37 Amendment of the Motion.. 38 Other Applicable Motions.. 39 Bebatable Character 40 Abuse of Commitment 41 Object of definite postpone- ment 43 Proper Use of it 43 Form of the Motion 44 Bank 45 Amendment of Definite Postponement 46 Debatable Character 47 Abuse of the Motion 48 Abuse— continued 49 Use of Laying on the Table 50 Its Belation to the Main Question 51 Tabling and Taking up 52 Tabling Subject to Call 63 Rank of the Motion to Ta- ble 54 No Subsidiaries Applicable 55 Misuse of the Term " Dila- tory " 56 The Term " Privileged " 57 Delaying "the whole sub- ject." 58 I. To Commit. 31. Keference for Revision. Reference to a committee may be advantageous when the res- olution or other form of proposition is not propei'ly prepared and needs revision; when it is encumbered by a proposed amendment badly written or badly fitted to the original; when there is a further proposed amendment, in the second degree, to add to the complication; and especially when the resolution itself and its amendments are susceptible of division into two or more propositions. Under such circumstances, the work of remod- elling the resolution and adjusting the proposed emendations to the original so as to produce a [45] 46 PAELIAMENTAKT PRACTICE. full, round whole, can be better done in a com- mittee-room than in the assembly. A commit- tee can more coolly and collectedly study the de- tails, and more succinctly and accurately express the ideas involved in the major and minor propo- sitions than could readily be done by a full house. Removed from the excitement and prejudice fre- quently incident to debate in the assembly cham- ber, and relieved from the pressure of other bus- iness urgently demanding the attention of the body at large, the few men composing the commit- tee take up the matter referred in a dispassionate way, and may thus succeed in reporting the re- ferred business in such a shape as to meet the views of all. 32. Reference for Preservation. When no amendment has been proposed to the original resolution or other form of proposition, but itt definite postponement has been moved and see onded, it is often advisable to move reference to a committee. In its original form, owing to de- fects, its defeat by indefinite j)Ostponement may be imminent. If the friends of the measure suf- fer the vote upon such postponement to be taken, it may be almost certain that the assembly will now vote to decline the further consideration of the resolution ; but if the motion to postpone in- definitely be supplanted- by one to commit, there may be members enough willing to give the friends of the measure a chance to improve it (or at least as willing to get rid of the resolution temporarily as to dispose of it permanently) who will vote for the commitment and thus save the resolution from premature condemnation. If reported back in an unobjectionable form, and at'a time when its former opponents are in de- TO COMMIT. 47 liberative temper, the resolution may have its proposed modifications accepted, and may final- ly he adopted. 33. Reference in General. Reference may be the rightful course, whether the measure be burdened with the motion to amend, or with that to postpone indefinitely (it cannot possibly be burdened by both, since they are of equal grade), and it may be the rightful course when it is bur- dened with neither. It may, in itself, be so clumsy, cumbrous, indefinite, defective, prolix, or illegal as to require the skillful hands of a se- lected committee that it may be remodelled; or it may be perfect in itself, yet doomed to de- feat if not taken out of the way of a bill which most of the members are anxious to take up; and, under such circumstances, its commitment will not only afford the desired opportunity for the other members to biing forward their favor- ite, but may aid the resolution by gaining for it the indorsement of an influential committee, as well . as by gaining for it the deliberation of the house at a more favorable time. For any of the foregoing reasons, or for any of the considerations of policy above suggested, a member niay'move to refer the ordinary main motion to a committee; and without- any reason at all, without any wise policy or adequate mo- tive, it is his i-ight to move the reference when no motion of higher grade is pending, unless the as- sembly is considering or voting upon objections to the consideration of the original measure. In some bodies all resolutions are I'eferred to ap- propriate standing committees as a matter of course, under regulations so requiring. 48 PAELIAMENTAEY PEACTICE. 34. Reference to Standing and Select Committees. It has so often been said by- writers that when a proposition is made for a reference to a standing committee", and another proposition for reference to a select committee, the former should be first put to the question, that the statement seems to requires a passing notice. In a well-ordered body, this state of things could not exist, unless under special rules. The two propositions could come before the body only by motions; and the former being first moved and seconded would forestall the second and render it out of order. Such two subsidiary motions could not stand tdgethei', and compete with each other, under the circum- stances. On the other hand, when a select or special committee is first proposed, a motion to refer to a standing committee is usually given the preference in societies and other assemblies. In the U. S. Senate preference is given to the standing committee when reference to- that and to a select committee are both proposed. This is under a special rule [Standing Rule 48]; and the true interpretation of the rule is that when there is a motion pending to refer to a select committee, it is in order to move re- ference to a standing committee, and the latter shall have preference so as to put the former in abeyance. In all legislative bodies, petitions, etc., are usually reported to standing committees to be reported upon by bill or otherwise; and the in- troduction of the bill or resolution to the house is by the committee. It is then subject to any parliamentary action; but special rules generally TO COMMIT. 49 provide what course shall farther be pursued ■with reference to such bill or resolution. 35. Form. When standing committees have been previously appointed upon different sub- jects, the motion may be to refer to some one of them, unless the petition, resolution or business to be referred should belong to some one of them by right, under special rules; otherwise, the motion to commit should also create, or pro- vide for the creation of, a special committee. In the latter case, the form of the motion may be thus: " Mr. President, I move that the resolution be referred to a committee of three (or other number), to be appointed by the chair," or, " a committee of three to be selected by the assembly;" or, " a committee to consist of Messrs A, B and C." If the motion be simply to refer to a special committee of a specified number, its adoption •would necessitate the appointment of the com- mittee. In such case it is usual for the Presi- dent to appoint, and to make the mover chair- man -of the committee. It would be in order, however, after the adoption of the first, to intro- duce a second resolution naming the committee or giving the selection of it to the house, where no special regulations interfere. 36. Time for Reporting. Some time may be fixed within which the committee should re- port back the committed resolution; and this should be specified in the motion, thus: "I move that the resolution be referred to a com- mittee of to be appointed by which shall report on or before ^^—■" The time should be stated to fill the last blank, as " Monday next." Where no limit is made, the assembly may order 4 50 PAELIAMENTAKY PRACTICE. a report, or discharge the committee and resume the consideration of the referred resolution, at any time when there is no . other question under consideration. When the reference has been to a standing committee, the committed resolution may, in like manner, be taken from them by vote of a majority of the assembly. When reported back by either a special or a standing committee, or when taken from either without a report, the assembly becomes pos- sessed of the resolution just as before the com- mitment, and such resolution becomes the only thing under consideration. 37. Bank. It will be seen that the motion to commit, and its accessaries (such as that for the appointment of the committee when not embraced in the motion to commit), are subsidi- ary to the main motion, and therefore supersede it. So, after the resumption of the considera- tion of the main resolution, when it has been reported back or taken back without report, if there be a motion made for its recommittal, the latter would supersede the former and be first put to vote. The motion to refer is the third in rank of the dilatory motions. It is superseded by those to lay upon the table and to defer definitely, though made before them. But it supersedes motions amendatory of the main proposition, and also that to postpone indefinitely, though it be made after them. When either the motion to table or that to defer definitely is pending, it is not in order to move reference to a committee; but, should it have been previously moved, and then super- seded by one of those motions, and the super- TO COMMIT. 51 peding motion should be lost, the motion for reference would regain its position without re- newal. Should siieh superseding motion he car- ried, the motion to refer would not be tabled or definitely postponed with the main motion, but would be lost. A proposition, when referred to a committee, has its proposed amendments still adhering; but a superseded motion to postpone it indefinitely does not adhere, but is lost. Since objection to the entertaining of a reso- lution must be made and voted upon without debate as soon as it has been stated, if made at all, there is no contest of rank between that and the other subsidiary motions, though it take the form of a motion, except that none of them can be superseded by it when they have been made in order. The motion to commit cannot be postponed indefinitely, for the reason that it contemplates the future consideration of the proposition, which is incompatible with declining any further consideration of it. It cannot be postponed definitely, for the reason that it is more direct to vote upon the question of reference, than to postpone that question to another time, and thus complicate and obstruct rather than facilitate the consider- ation of the main motion. It cannot be laid upon the table, for the reason given against postponing the question of referring, and for the further reason, that the only object of tabling would be to cut oif further debating and amending, and this object can be reached by ordering immediate vote oa the question of reference. 52 PAELIAMENTAET PKACTICE. It cannot be referred to a committee, for the- reason that such course would unnecessarily complicate business, since it is more direct to refer the main question to a committee, than to- refer the question of reference, and then have the latter question reported back for disposal. It cannot, in fine, have any declinatory or dilatory motion applied to it. 38. Amendment. Amendatory motions are- applicable to the motion to commit. They apply in various ways. One standing com- mittee may be substituted for another by the motion to strike out and insert; the number of a proposed special committee may be increased or diminished; instructions to the committee may be added to the motion to refer, or may be eliminated if embraced in the motion of reference, as first offered; the time of reporting may be changed by amendment, and any other germane emendation may be offered. Such primary amendments (proposed singly of course, unless conjoined as one amendatory proposition), may each have a secondary amend- ment applied to itself. Such amendments, both of the first and second decree, are governed by the laws which control amendatory motions- applied to main motions. That of the first degree is subsidiary to the motion to commit to- which it relates^ therefore it supersedes it, puts it temporarily in abeyance, and is first brought to vote. That of the second degree, in like manner and with like effect, supersedes its owa immediate antecedent. 39, Other Motions Applicable to that to- Commit. Motions relative to voting are also 'applicable to the motion to commit; but as they TO COMMIT. 53 have not yet been treated, tbey need not further be discussed in this connection, except to call attention to the fact that of all the subsidiaries, they and the amendatory motions are all which are applicable to the motion to commit, except some incidental motions. As shown above, the other two classes (the declinatory and the dila- tory), are always inapplicable. Incidental mo- tions are in order while a motion to commit is pending, and they may have reference to it as to any main motion; and when one of these is made for the withdrawal or the division of the motion to commit, it is strictly subsidiary, and should be included among the applicable sub- sidiaries above mentioned. 40. Keference Debatable. The question of reference is debatable, as are almost all ques- tions on amendable motions. Whether the re- ference should be ordered or not is the point to be debated. The merits of the resolution pro- posed to be referred are not now at issue; and, strictly speaking, they are not now debatable. But the form of that resolution is involved, and the fate of it is sometimes dependent upon the decision of the question of commitment; there- fore much latitude is "given to the debate. The chair cannot always draw an exact boundary line between the merits of the matter to be referred and the propriety of the reference, so as to confine debate closely to the latter. "When, however, the main proposition has already been fully discussed, and the chair is about to put the question thereon, if a motion to commit it is then made, debate ought to be confined as closely as practicable to the pro- priety of the reference. 54 PAELIA.MENTART PEACTICB. When there is a main motion for commit- ment, as "that a committee be appointed to take sanitary improvements into consideration," or, "that a committee be appointed to audit the treasurer's accounts," the rule of debate is the same as it is with regard to any debatable main motion. 41. Abuse of Commitment. The dilatory motion to commit a main proposition is often used to the prejudice of that which it purports to aid. Such application of it is allowable to a limited degree; but beyond the precincts of that degree, it should not be tolerated. Those limits may be found where ostensible friendli- ness to the main motion ends. The boundary line will better appear by illustrations than by any didactic statement. A motion to refer to a standing committee known to be hostile to the referable measure could not be ruled out of order by the chair as evidently unfriendly, since the motives of the mover cannot be divined. It would be an abuse of the motion, though the chair could not do otherwise than tolerate it. But a motion to refer with instruction to report only at some impossible time, as an hour after adjournment on a given day, should be ruled out of order, since it is ostensibly hostile as well as trivial. Is a motion to refer, with instruction to report at a time beyond the general session, within the bounds of allowable abuses ? It is tolerated in the practice of some assemblies, but there seems to be no, reason for such toleration. It is indef- inite postponement after indefinite postpone- ment has been superseded by a motion of higher grade. It is manifestly meant to convert an TO POSTPONE TO A CERTAIN TIME. 55 instrument of improvement into one of destruc- tion. It deranges the gradation of the subsi- diaries and destroys the symmetry of the scale. The chair ought to rule it out of order. The proposed reference must be undoubtedly subversive of the true character of the motion to commit, to justify the chair in refusing to entertain it. The opponents of a measure may move its commitment with the object of having it reported upon adversely, or otherwise " killed in committee," as the phrase is, yet the motion may be within allowable bounds, so that the chair could not rule it out of order without trenching upon the, rights of the members. A motion to commit, moved near the close of a session, especially when made on the last day of it, would work the defeat of the measure committed, yet would be in order. II. To Postpone to a Certain Time. 42. Object. Delay may be desirable, should the members of the assembly choose to consider and perfect the main motion themselves, when they get ready, rather than send it to a commit- tee for that purpose. Whiether it be burdened or complicated by pending amendments or not, whether it be in proper form for immediate pas- sage or not, whether a motion to commit be pending or not, they may prefer to postpone it to a more convenient season, that they may make way for some other proposition to be in- treduced and considered. It often occurs that the predisposition of some other measure has an important bearing upon the decision of the pend- 56 PAELIAMEXTAEY PRACTICE, ing question; but sueh other measure cannot be introduced till the pending one lias been put out of the way; and in such case some of the dila- tory motions must be employed, and definite postponement is frequently the most convenient and fitting, and the one least likely to encounter the opposition of the friends of the measure sought to be delayed. 43. Proper Use. This method of delay is always ostensibly in aid of the main motion; and, when properly applied, it is likely to se- cure the support of the friends of that motion. Indeed, there are circumstances under which those friends would resort to this dilatory meth- od for the salvation of their measure. If indefi- nite postponement has been moved, they may supplant it by the higher motion to postpone definitely; or, if reference to an unfriendly standing committee has been moved, they may overreach that attack by moving to postpone definitely, and thus save their measure. Even if n.o such hostile subsidiary has been proposed, they miay not trust the temper of the house at the moment, and prefer delay to a time when discussion will be more palatable and suc- cess better assured. 44. Form. Whether judicious or not, the motion is in order, if no higher one is pending (unless objection to the main motion has been made), provided it is applied to an ordinary main motion or to a debatable privileged one. That to which it relates is indicated by its form, when the title of the bill or resolution is ex- pressed; and it is always clearly implied when«a member merely says, " I move that the question be postponed to Monday next, at 12 m.," or to TO POSTPONE TO A CERTAIN TIME. 57 some set time. Sometimes the form is: "I iQove that the question be postponed and made the special order for to-morrow at one o'clock p. M." No form is sacramental; but it is essential that the postponement should be to a time cer- tain; and, in later sections of this chapter it will be shown that that time must not be knowingly beyond' the limits of the session. 45. Kank. Designed to delay the main ques- tion, it necessarily supersedes it in the order of consideration and voting, since it would other- wise be futile. As above intimated, it also su- persedes any pending motion to postpone inde- finitely, to amend, to amend amendment, or to commit; and the reason is that, Stnce it contem- plates consideration of the main question by the house at some future stated time, such disposal is incompatible with the declination, present emendation or reference of that question. It preserves the pending amendments for the future by sending them forward with their prin- cipal, but it destroys the others altogether: pro- vided it be adopted. If lost, the previously pending motion of the next highest rank regains - its former position, and the entire state of things is precisely as though the motion to postpone definitely had not been made. Of the three dilatory motions, definite post- ponement is the second in rank. It is supersed- ed by that to lay on the table, when the latter follows it in the order of time. When the lat- ter has been made, definite postponement cannot be moved while it is pending, nor after its adop- tioTi ; though, in case of its loss, the way would be clear. The motion to postpone definitely cannot it- 68 PAELIAMENTAEY PEA.CTICE. self be laid upon the table, nor deferred, nor committed, for the reasons given with respect to the non-application of dilatory motions to the motion to commit. Nor can declinatory mo- tions be applied to that to defer definitely, for like reasons. 46. ■ Amendment. Amendatory motions are applicable to that of definite postponement. They have reference to the time ; or, to the mak- ing of a special order. A motion to defer to Monday next might have " next " stricken out and " fortnight " inserted. While pending, such substitution might have " at ten o'clock a. m." added by way of • amendment in the second de- gree. • Motions ordering the vote, and some inciden- tal motions, may be applied to definite postpone- ment; but, not yet having been treated, they cannot profitably have their relations thereto ex- plained at this place. The. gradation of definite postponement which places it above the indefinite is in accord witli the practice of the U. S. House of Representa- tives (Rule xvi), though the Senate has adopt- ed, for itself, the reverse order. The latter ranks it next to tabling (R. 48). The practice of the former is now generally followed in this coun- try in all deliberative bodies. 47. Debatable Character. Since the motion to defer to a day certain is amendable, it is also debatable, the two characteristics usually going together. The debatable issue is the question of postponement to the stated time; not the merits of the thing to be defeiTed. But (as remarked of the motion to commit), the chair cannot always draw a very nice distinction TO POSTPONE TO A CERTAIN TIME. 59 between the two, and it is better to err on the side of clemency, than on that of tyranny. How- ever, the rein should be drawn when the mem- bers take too broad license; and, should the chair thus err, the house has the means of cor- rection in its own hands, by resort to appeal. 48. Abuse. The most flagrant prostitution of the motion to defer definitely, is the trans- formation of it into that to defer indefinitely, by fixing the " day. certain " beyond the general session. When the assembly has its session limited by law to a fixed period, or limited by its own resolution, a inotion to postpone a main question to a date deyond that period, is a gross abuse. It is subversive of the object and «har- acter of the instrument used, and obstructive to the proper working of parliamentary machinery. Is such abuse allowable ? Within the scope of allowable abuses, a mem- ber may move to defer a bill or resolution to a day within the session upon which he thinks it is likely to be lost, he may believe that thei-e is a majority in its favor, which could be reduced to a minority before the time when the bill would be voted upon, if deferred, and may therefore move postponement to a distant day in the session; but could he rightly move to postpone it to a day beyond the session ? That he could not, would seem to be the answer, by reasons entirely conclusive. In the motion to postpone to a certain day beyond the session, a subsidiary which is professedly only a dilatory motion, is cunningly converted into a declinatory one. The reader will recognize his old acquaintance, indefinite postponement, in this slight disguise. That member of a 60 PARLIAMENTAEY PRACTICE. totally different class, is sought to be resurrected . after having been destroyed by a previous vote rejecting it, it may be; or sought to be presented after the time for its introduction in due order has passed. A motion to commit may have subsequently been made, superseding the motion to postpone indefinitely; and now, by what right .shall the latter, under a false garb, supplant the former ? 49. Abuse— Continued. The legitimate nio- tion to postpone definitely is amendable, while that to postpone indefinitely is not, as has been shown; but if the latter can usurp the place of the former by taking on the false name of defi- nite postponement to a certain day beyond the session, the character of the twd in relation to amendability is lost in confusion. It is true that some writers on parliamentary law and usage say that indefinite postponement may be amended so as to become definite; but since that would change their own scale of rank as to the preferences of motions, and render either of those two convertible into a motion of a differ- ent degree by the process of amendment, such practice would not facilitate business. Their reasoning is based upon the Senate's arrange- ment, which places indefinite postponement above definite postponement, it must be admitted; but as soon as the former is amended, it becomes precisely the latter, and thus what was un- friendly to the main motion becomes friendly; what was meant to defeat it, now tends to aid it. And if definite postponement has been previ- ously moved, but has been superseded by the moving of indefinite postponement, the amend- ment of the latter would really present the TO POSTPONE TO A OEKTAIN TIME. 61 anomaly of two motions for definite postpone- ment existing at the same time, which would be absurd. Or, if definite postponement has been previously moved, brought to vote, and lost, the naotion for indefinite postponement, if thus amended, would virtually revive the lost motion, which would be equally absurd. Try the hypothesis of the amendability of this motion by the scale of the House of Represen- tatives, and we have these absurd results: the amendment lifts it above the motions to amend and to commit the main motion, cuts oif all opportunity of their being made, doffs its own declinatory character, and dons the dilatory and friendly one of postponement to a day certain, and thus disturbs the scientific symmetry of procedure. It is now sufiiciently well settled by the prac- tice of parliamentary bodies, that the motion to postpone indefinitely cannot be amended so as to make the postponement one to a definite time. Assuming this, it follows that postpone- ment to a day beyond the session should be sub- ject to the same law, since it is shown to be of the same character as indefinite postponement. It follows further, that it should be held not in order unless made when indefinite postpone- ment would be in order. Under the arrangement adopted in this work, such by-method of bestowing the amendatory character, and such interchange of degrees, can- not be allowed; a declinatory motion cannot become a dilatory one; a motion to jjostpone to a day beyond the session, cannot be enter- tained when its purpose is known, unless made before the motion to amend or to commit; and. 62 PAELIAMENTAEY PEACTICE. if made before, it should be treated entirely as a motion to postpone indefinitely with all the characteristics which appertain to that declina- tory resort. III. To Lay Jpon the Table. 50. Its Use. The motion, To Lay upon the Table the main question, seeks to make a tem- porary disposition of it before the assembly passes upon it by a final vote. Such temporary disposition is often desirable; for the members may not be ready to discuss the question, may wish to await further information, or may choose to clear the way for the introduction of some other business deemed of more immediate im- portance. Whatever the motive, they have the right to table the pending question. The motion to table is a dilatory one, since its oflice is to delay the consideration and debate of the question to which it relates till the assem- bly may choose to take it up from the table. It is subsidiary to the main motion, as the stu- dent will see, since it relates to it and is meant to affect it. 51. Kelation to the Main Question. It supersedes the main motion and puts it in abey- ance immediately. So soon as the motion to table is seconded, its question is in advance of the main question, and must be first put to vote. The reason is that its ofiice would be utterly abortive- if this preference were not given. Thus advanced, it becomes the only question under consideration, since but one thing can be considered at a time. All debate TO LAY UPON THE TABLE. 63 upon the foregoing proposition ceases at once, and the chair must put the question imme- diately upon the motion to table; for it is never debatable. Were it liable to discussion, its use- fulness would be destroyed in great part, since one of its chief objects is to prepare the way at once for the introduction of other business. If the motion to table is lost, the main ques- tion instantly regains its former position as the only thing under consideration (provided there are no subsidiary motions intervening), and the debate may be resumed. If carried, the effect is to remove the main question from delibera- tion and to assign it to the table, there to lie for no definite time, but till the uncertain time when, upon motion, the assembly may decide to take it up. 52. Tabling and Taking Up. The usual forms for tabling and for taking up, are: "I move to lay the question upon the table;" "I move to take from the table the question on the resolution" (designating the resolution). Other equivalent words will suffice in either case. As the motion to take up cannot be made when there is some other question under con- sideration, it will be seen that the effect of the tabling is not only to defer the main question to the uncertain time when the assembly may choose to take it up, but also to some time when the assembly is without other business before it. It often proves diflS.cult to get a question up after its having been consigned to the table. Not only a time clear of other business must be found, but a majority must be found willing to resume the consideration of the question at the time of the making of the motion to take 64 PAKLIAMBNTAEY I'EACTICE. up;. consequently, tabling often works the defeat of a measure. All the opponents of the meas- ure will vote against taking it up, and those favorable to it may not all be agreed as to the time of resuming the consideration. 53. Tabling Subject to CaU. There is another form of tabling which renders the method of taking up somewhat different from that above described. It may be moved to table the main question " subject to call." Seconded and stated, this motion cuts off the debate of the main question, and is not itself debatable, being, in these respects, like the unqualified motion to lay upon the table. Indeed, it is like it in all respects, except that it is never used with the purpose of defeating the tabled motion, since any member may ask to have the latter taken up for consideration when the way is open for it. As any member may call it up, no motion need be made and seconded for the purpose, unless in some body which has a special rule requiring it. And such special rule would prac- tically render tabling subject to call equivalent to simply tabling. 54. Rank. The motion to table is in order though any or all of the dilatory and amenda- tory motions have been made previously, or the motion for indefinite postponement. It is the highest in rank of all the subsidiary motions. If carried, it renders its inferiors nugatory, with the exception that amendatory motions go to the table with their principal, and come up with it upon motion to take from the table. If lost, its inferiors would regain position in due order. Suppose a main motion made. If there be TO LAY UPON THE TABLE. 65 nonobjection to its entertainment, a motion to postpone indefinitely might be followed by one to commit; then a motion to postpone to a cer- tain day might be made; then a motion to lay the main motion on the table would be in order (as it would at any previous stage), and, if then made, all the rest would be put in abeyance. If lost, the motion to defer definitely would be revived; if that should be lost, the motion to commit would be again under consideration; and if that be lost, then the motion to defer indefinitely would regain its place. 55. Uo Subsidiary Applicable. No sub- sidiary motion whatever is applicable to the question of laying upon the table the pending morion or resolution. It cannot be delayed by commitment, for to require a committee to re- port whether the hiain nlotion should be tabled would be futile. It cannot be postponed to a certain day, for it would hinder rather than facilitate business to appoint a time at which to consider the question of tabling. Besides, it would be absurd to attempt to dispose of an undebatable question by the operation of either of these debatable ones, by which discussion might be elicited, when one of the objects of the motion to table is to suppress debate. The motion to lay upon the table cannot be laid upon the table, because such procedure would complicate and obstruct business. It cannot be indefinitely postponed, for that would preclude the subsequent taking of it up, which is implied in the motion to table. It cannot be amended, because it is already perfect in form. It cannot be changed so as to be made subject to call: the simple form in which it is first submitted, 66 PAELIAMENTAEY PEACTICE. must be_ retained. Besides, emendation would imply the right of debate; and tabling differs from the other motions of its class in being never debatable. It also differs from the other dilatory motions in not being subject to the operation of the previous question; the reason being that it is always bro\ight to immediate vote by reason of its undebatable and unamend- able character, and therefore the application of the motion for the previous question would be futile. IV. CJeneral Characteristics of Dilatory Motions. 56. The Term "Dilatory" Misapplied. The term dilatory has not always been applied and confined to those stated as such in the class- ification of motions made in Chapter I. It has sometimes been employed to designate motions of a character totally different from those. Even the motion to adjourn has been styled a dilatory one. It is sometimes so styled in Con- gress. It is referred to as such in the eighth section of the 16th rule of the House of Repre- sentatives. Perhaps one of the definitions of the word adjourn, "put off," has led to this use. In the British Parliament a question is said to be adjourned when it is postponed. In this sense, the motion would be a dilatory one, since its purpose is to delay the consideration of the question. But a motion that the house adjourn ' is not for the purpose of delaying any question. Practically it may be made trivially for such purpose, as any other privileged question might CHAEACTBKISTICS OP DILATORY MOTIONS. 67 be raised to accomplish such an end; hut to de- lay the pending question is not the object of the motion to adjourn tlie house, parli:imentarily speaking. It is not the ostensible object And practically it is seldom made with the covert object of delaying the pending motion. It is therefore not properly classible with dilatory motions. The motions to lay upon the table, to postpone to a given day and to refer to a committee, are always for the purpose of delaying the consid- eration of the question to which any one of them is applied; and, though they maybe abused for the purpose of defeating a measure, they are os- tensibly made for the purpose of aiding it by putting it off to a time when it may be acted upon more advantageously. It will be found very convenient and greatly conducive to the elucidation of the general subject under treat- ment, if those motions, and those only, be classed as dilatory. But, as that for indefinite post- ponement is dilatory in form (though not in character) it has been re-noticed in connection with this class, since it has long been associated with the above three raotiohs by manualists. 57, The Term "Privileged." These dila- tory motions have also usually been associated with that for the previous question, and all five have been styled privileged motions. Mr. Jef- ferson thus classifies and treats the five, as do most, and, perhaps, all of the other writers on the general subject. * But by the term privi- leged they mean merely that these motions have preference over those to which they are applied in the order of consideration and decision. In this seilse, amendatory motions also are privi- 08 PAELIAMENTAEY PKACTICE. leged with reference to the main motions to which they are applied. So are incidental mo- tions. And as there are privileged motions, in- cluding motions of privilege, of a well-estab- lished and totally different character, the term privileged loses its distinctive attribute and ceases to be useful when extended to so many different kinds of motions. Throughout this work, those preference mo- tions which are ostensibly for delaying other mo- tions to which they are subsidiary are treated as dilatory motions; and they constitute a sep- arate class. 58. Delaying " the Whole Subject." It is never in order to move that "the whole sub- ject" be laid upon the table, or postponed, or committed, for the reason that deliberative bodies deal with questions, resolutions, orders,, ordinances and bills, but never with "subjects" in the sense vaguely implied by the words above quoted. Suppose there is a resolution pending on the subject of commerce: that reso- lution might be laid upon the table, and then another embodying the same idea would be out of order; but if the subject of commerce could be tabled, no resolution on that subject, though expressive of a totally different idea from the former resolution, could be entertained; and this would be manifestly absurd. Motions to delay subjects should never be en- tertained. To the presiding officer, the mean- ing of the mover may be plain ; and he may sug- gest that the evident intent is to table, postpone or commit the pending question, and he may state the question and put it to vote according- ly, should the mover acquiesce; but if the mover ANALYSIS SO. 3. 69 should insist upon handling a subject, the only- course left for the chair is to rule the motioa out of order. ANALYSIS No. 3. 102. What is the purpose of the motion Motion to to commit? commit. It is- to have a defectively prepared resolu- tion considered and perfected by a committee, or to gain further information upon the sub- "ject of it, or to have its complicated details simplified, or to subserve any other purpose designed by the mover. 103. What is the eflect of the motion to Debatablei commit? The main question is superseded and put in abeyance, and debate turns upon the ques- tion of commitment. 104. What is the effect of commitment? The main question is removed from consid- eration till the committee report. 105. What is the effect of refusal to com- mit, or loss of the motion? The main question resumes its position. 106. May the motion contain instructions? Instruc- Yes; with regard to the time when the tions. committee should report, or any other pertin- ent matter. 107. When no time for reporting is fixed, may the assembly afterwards compel a report? Yes; either from a •special or a standing committee. 10§. Would a motion to refer to a stand- Standing _ ing committee be in order while one to refer gj^^jt®"' to a special committee is pending? tees. Under special rules, this is allowed in Con- gress, and the practice there, in this respect, is generally followed by other assemblies. . 109. What is the purpose of definite post- postpona- ponement? meut. 70 VARLIAMENTAET PRACrlCE. It is to put ofE the further consideration of the main question to a given time, for the purpose of gaining further information, or to make room (or new business. 110. What is the effect upon the main question of a motion to postpone it definitely? The main question is immediately super- seded and put in abeyance. If the motion is adopted, the main question is removed from consideration till the time to which it is post- poned; but, if lost, the main question resumes its former position. 111. Is there any limit as to the time to which a question is postponed? It should be to a time within the session, but it may be beyond ; in the latter case the motion is equivalent to that of indefinite post- ponement. 112. May definite postponement be quali- fied? Yes; the question postponed may be made the special order for a given day and hour. Abuse. 113. May definite postponement effect the defeat of a measure? If made too late in a session, or if the assembly refuse to consider the postponed question at the time designated, or if tiie post- ponement be to a day that cannot be reached during the session, it would be equivalent to the rejection of the measure thus postponed. Debatable. 114. Is the motion to postpone to a given time debatable? Yes; but debate should be confined to the propriety of the postponement. 115. Why should4ebate be thus confined in cases where the object is the defeat of the main motion? Because defeat is not the ostensible object, as in case of indefinite postponement; it is an abuse of the motion to postpone to a time certain when it is made to defeat the main motion, but an allowable abuse. 116. Is not the motion for indefinite post- ponement dilatory in form? ANALYSIS NO. 3. .71 Yes; but as it is always declinatory in char- acter, it is no abuse to apply it for the defeat of the main motion; therefore the merits of ^ the main question are debatable under a mo- tion to postpone indefinitely. 117. Why is the main question thus de- batable though superseded by this subsidiary motion? Because otherwise it might be condemned without a hearing under the operation of a nominally dilatory but actually declinatory motion. ll§. When is the motion to table properly Motion to made? table. Wlien the assembly is not ready to discuss the main question, or may desire to make room for the introduction of some other business. . 119. Is it debatable? Why not No; for were it so, it would rather hinder debatable. than expedite business by making way for a new motion. 120. What is the effect if, the motion to Effects of. table be lost? The maiu question immediately regains its position as the only business under considera- tion, and debate upon it may be resumed. 121. What is the effect if the motion to table be carried? The main question is laid by till the assem- bly choose to take it up. 122. When, is the motion to take up in Taking up. order? At any time when there is no other question under consideration, if any business has inter- vened. 123. What is the effect if the tabled ques- tion is never taken up? It is equivalent to the defeat of such ques- tion. 124. May the motion to table be qualified? Tabling It may bo to- lay upon the table subject to subject to call. <'^"- 125. What is the difference in effect when the motion is thus qualified? 72 PARLIAMENTARY PRACTICE. In such case an}' member may call up the tabled question when there is nothing else un- ' der consideration ; but when the tabling is un- qualified it can be taken up only upon motion adopted by a majority. Agree- 126, Wherein are all dilatory motions ments and alike*? differences j^\\ are subsidiary; each supersedes the atory mo- question to which it relates, each ostensibly tions. aims only to delay it, but each may be abused so as to defeat it. 127. Wherein do they differ? The motion to table is not debatable while the others are; that to postpone definitely fixes a certain time for delay, and that to com- mit sometimes designates the time for report- ing, while that to table is without specified limit. Delaying 128. Is it ever allowable to move the the "wliole tabling, committing or postponing of "the subject." .^yiiQie subject?" Such a motion is never in order. 129. Why cannot dilatory mdtions be ap- plied to subjects f Because deliberative bodies deal with resolu- tions, orders, bills, ordinances and the ques- tions thereon, and never with subjects, parlia- mentarily speaking. Rank. 130. What is the relative rank of dilatory motions? That to table is the highest, the next is defi- nite postponement and the lowest is to com- mit. EfEeet. 131. What is the effect of tabling the main motion, with respect to those to defer definitely and to commit it, when those have been previously made? It not only supersedes them but renders them nugatory; for the main question goes to the table shorn of the other dilatory motions. 132. Are those motions forever lost by the tabling? Yes; they do not come up with the main motion when it is afterwards taken from the table. ANALYSIS NO. 3. 73 133. What is the effect when the motion to table is lost? The dilatory motion next highest in rank (presuming all to have been previously made in due order) would cease to be in abeyance and be brought to vote; and, should that be carried, the lowest one would be rendered nugatory; but, should it be lost, the lowest would regain its position and be voted upon as the only question under consideration at the time. 134. May a motion to table be tabled? Subsidiar- No; because such procedure would obstruct iesnot ap- business rather than facilitate it. fabling 135. May it be committed or postponed? No ; for the same reason ; and for the fur- ther one that it would be absurd to dispose of an undebatable question by the operation of debatable motions. 136. May a motion to postpone be tabled? postpone- No ; for it is more direct to vote at once up- ment can- on the question of postponing the main ques-P^A*"? tion than to vote upon the question of tabling ^ the proposed postponement of the main ques- tion; and direct vote, without debate, can be reached by the application of the proper meth- od — the ordering of the previous question. 137. M-ay a motion to postpone be post- Nor post- poned or committed? poned, nor No; for it is more direct to defer at once "°™™'*'®'^ than to refer or postpone for the purpose of being advised whether or not to put off busi- ness. 138. Are dilatory motions relatively sub- Relation of sidiary? dilatory No dilatory motion is subsidiarj' to any of Snh°other the others. 139. What is, the effect of dilatory upon amendatory and declinatorv motions? They, wlien adopted, delay -the pending amendatory motions along with their princi- pal, but destroy the declinatory. CHAPTER IV. The Resumption of Delayed Business. At what Time Resumed 59 In what Condition 60 Resuming Postponed Ques- tions 61 Taking iip Special Orders . . 63 Time of Reporting by Com- mittee....: 63 Reception of the Report.. . . 64 Action on the Report 65 Acceptance of the Report.. 66 Report when not Amend- able by the Assembly 67 Dnflnished Business 68 I. Taking up Business After Tabling or Definitely Postponing It. 59. At Wliat Time. When a question has been tabled or definitely deferred, or when a resolution has been committed, the business tempora]'ily delayed may be resumed .at some time. In case of tabling, the time is indefinite; but in the other cases it is better determined, and the matter delayed comes up without mo- tion; that is, the question deferred to a given hour is in order, at that hour; and the resolu- tion referred comes back to the assembly when the committee reports upon it. The motion to jtake up may be made at any time after a question has been tabled, provided nothing else is under consideration, except that it would not be in order when no other business had intervened, for the reason that it is just the reverse of. laying down, and therefore would be a retaking of the same vote. It might seem that reconsideration at such stage would be sub- ject to the same exception, with reference to [74] TAKING UP BUSINESS AFTER TABLING. 75 ordinary questions; but sucli is not the practice. And there is this diiference: the motion to take up may be made at any time when there is no other motion under consideration, after other business has intervened, while that to reconsider is limited as to time. The limitation is usually to the succeeding day, or two days at most; and to measures not meanwhile executed. 60. In What Condition. When a question comes up from the table, it comes with its sub- sidiary adhering questions, but not with all its former subsidiary questions. To illustrate: the main question comes up from the table with its proposed amendment, and also with the proposed amendment to that amendment (or rather, with the questions thereon), if such were adhering to it when it was tabled; but it does not come back with questions of motions to indefinitely postpohe, to commit and to postpone to a given day, because, though they may have been all existing and awaiting their turn for being voted upon when the motion to table was moved, yet they were all forever cut off when the motion to table was adoj)ted. Tabling was selected by the assembly as the method of delay in prefer- ence to the other proposed methods. But tab- ling could not take the place of amending. So, also, the order for the previous question, though moved before the making of the motion to table, would be overslaughed by the adoption of the latter, so that the tabled question would come up without any call for such order pend- ing, and would regain its debatable character, if it had had it before. The further consideration of a question, after it has been taken from the table, is, in all re- 76 PAELIAMBNTAEY PBACTICK. spects, pi-ecisely as though it had never been laid there. 61. Resuming Postponed Questions. When the hour arrives to which a question has been postponed, the chair should call it up without awaiting a motion. Even if there is other business pending and unfinished, the chair should obey the behest of the assembly which fixed the time within which the delay should terminate, and which subsequently commenced other business only on the condition that it must give way to that which is entitled to the precedence when the time for the i-esumption of the latter should arrive. 62. Special Orders. Special orders are com- mon and necessary in legislatives bodies; and they are rendered the more so by the dual character of legislatures. They are governed ordinarily by speSial rules; but, in the absence of any special rule, a question deferred ■ to a given time is the only thing in order upon the arrival of that time, unless some privileged or incidental question should spring up at such juncture. It always takes the place of such busi- ness as could, not have been before the assembly had the deferred question kept its place and not been deferred. The thing under consideration is suspended by the taking up of the special order; it is superseded hj the resumed question; or, rather, tlie resumed question takes its right- ful place, and leaves the other to bide its time. The question comes back with its accompany- ing questions on amendatory motions, if any, but not with any growing out of other subsidi- ary motions, just as when taken from the table; BUSINESS EEPOKTED BACK BY COMMITTEE. 77 and thenceforward the proceedings are as though it had never been deferred. 11. Business Reported Back by a Committee. 68. Time of Reporting, The committee to which a pending resolution or order has been referred, must report at the time designated, when there has been any set time, or then ask leave for further indulgence. In the absence of any limit, the report should be within rea- sonable time, so that there would be no unne- cessary delay. Should the committee purposely withhold report till too late in the session for action, or withhold it altogether, such course would be reprehensible. It is always within the power of the assembly to order a report, and to take back the business that has been committed, even before the committee has pre- pared any suggestions or collected any informa- tion or performed any duties whatever. 64. Reception of tlie Report. The de- ferred question comes back with the committee's Report. When the chairman of the committee rises and pi'oposes to report, or asks leave to report, it is understood that the assembly agrees to receive the report without a motion to that effect. If there is no objection, general assent is presumed. If, however, there is objection, a motion that the report be received may now be made. Sometimes the assembly is not willing to hear the report at the time, and may decline to receive it. But if a motion to receive is 78 PAELIAMENTAEY PRACTICE. necessary at all, it is at this time, before the report has been read. After the reading, the assembly has received the report and is in possession of it, and is com- petent to act upon it. To move then that the report be received, would be futile. It is com- mon for such a motion to be made, at that junc- ture, in various societies and other deliberative assemblies, but it is a work of supererogation. 65. Action on the Report. Should the committee merely report back what was referred to it, and make no recommendations, and sub- mit no amendment, the assembly would resume consideration just where it was left off at the time of commitment. A resolution thus reported back would be resumed with what- ever rightfully adheres to it, as before ex- plained. If mere suggestions or recommendations come with the resolution reported back, they offer nothing for ready action, and cannot be adopted unless moved as amendatory to the resolution. But in case the resolution, when referred, was loaded with a pending amendment, no other can take its place merely because recommended by the committee. Of course, secondary amend- ments, substitutions, etc., would be now subject to the same law as though there had been no reference. 66. Acceptance ©f the Report. What- ever the report, a motion that it be accepted may be made, and the discharge of the com- mittee may or may not be added; or a motion may be made to recommit. The effect of the .icoeptance of a report is not to adopt any reso- lution that may have been recommended, or BUSINESS REPORTED BACK BY COMMITTEE. 79 any suggested amendment. When a commit- tee has been appointed merely to gather and report information, its acceptance may be pro- per, since, in the absence of such expression, the report might not be known to be satisfactory. When a committee has been appointed to do some act, and reports it done, a motion that the report be approved is proper. When a com- mittee reports facts only, there would seem to be no meaning in a motion to adopt such report. When a report upon the treasurer's account shows it to be correct, a motion to accept or to approve is all that is ordinarily necessary. When a committee is appointed to devise some plan, and reports a plan, the assembly may adopt the report; or, more accurately, adopt the plan by a motion to that effect. But when a pending question has been referred to a committee, the report cannot change the order in which that question stood when referred, and any emendations recommended by the com- mittee mUst take their chances in due course as though moved by any member of the assembly, unless special rules provide otherwise. There is this difference, however: when a resolution is defective in form or expression, and is refer- red, with or without amendatory motions pend- ing, for the purpose of having the committee report it back in better shape, a resolution re- ported by them may be, on motion, substituted for the inchoate matter referred, and may then take its place to be adopted, rejected, amended or otherwise disposed of, like any main motion originally introduced. 67. "When Keport not Amendable by the Assembly. What a committee reports for 80 PAKLIAMENTAEY PRACTICE. action, as a bill, resolution, series of resolutions, form of address, plan, etc., after a mere peti- tion has been referred to them; or after they have been appointed and instructed to prepare such bill or other matter; or (if a standing com- mittee), after there has been I'eference to them as a matter of course, under the rules, is original business before the assembly, and therefore sub- ject to any parliamentary action as though first introduced by an individual member. Such reported resolution, or other matter, may be amended; but not any statement of facts by the committee. Such statement is like the report of a treas- urer concerning his receipts and disbursements, accompanied, perhaps, with suggestions. What right has the assembly to amend such a report so as to make him say what he did not say; to make him suggest what he did not suggest? Such a report may be approved, upon motion; a resolution appended to the report may be adopted, but certainly the report itself cannot be amended by the assembly; and there would seem to be no significance in a motion to adopt a mere report of a committee detailing facts. Distinction must be observed between the report and the bill, resolution or plan reported for action. 68. Unfinished Business. Unfinished busi- ness, under consideration at the time of adjourn- ment, comes up rightfully on the next day, just after the disposition of the minutes; and in the same condition and order in which it was when left off by the interruption of adjournment, unless there are other arrangements by special rules. Frequently by such rules the first of the ANALYSIS NO. 4. 81 day is given to the reception of communica- tions, giving notices, etc.; and, in legislative bodies, there is usually what is called "the morning hour," in which memorialsj remon- strances, petitions, resolutions, bills, etc., are presented and referred — all of which' will be noticed hereafter. ANALYSIS No. 1 140. When is delayed business resumed? Resump- When reported back from a committee, or Won of de; when the hour to which it is deferred arrives, jf^l*^^"^'' or when it is taken up from the table, as the case may be. 141. When may the motion to take up, or a call to take up, be made? At any time after other business has inter- vened, it there is nothing else under consid- eration. 142. When the main question is taken Main mo- from the table, what necessarily comes up "S? ^"'1 with it? ^adherents. All adhering amendments, but not other subsidiary motions; because the tabling is to aid amendments and it is resorted to as a method of delay in preference to other dilato- ry motions of inferior grade; so it cuts oflE any previously pending motion to delay the vote, and all other subsidiary motions. 143. What is the course with respect to the main motion and its adherents, after hav- ing been taken from the table? Precisely as though it had never been laid there. 144. May dilatory motions now be ap- plied? Yes; they may be renewed, as originally of- fered, but the former ones arj not recalled. 82 PAELIAMENTAET PEACTICE. Special 145. What is the course when the hour orders. arrives to which a question has been post- poned? The chair should call it up, but it may be taken up by motion. 146. Should other business give way to it? Yes; if it has been made the special order. 147. Are special orders necessary? Necessary, common and convenient in legis- lative bodies. 148. How are they usually governed? By special rules. 149. What becomes of displaced business? It is placed in abeyance to be resumed in due time when the special order has been dis- posed of, and comes up as unfinished busi- ness. Reporting. 1,50. When must a committee report back a committed resolution, order or bill? At the time designated in the motion to commit; or, if there is no set time, as soon as the committee is ready, or whenever called upon by the house. 151. By whom does the committee re- port? By its chairman. Eeoelving 152. What is meant by a motion that the report. report be received? Only that the house is willing to take it in- to possession. Such motion is unnecessary when the committee ofEers to report and there is no objection made. 153. Ought such motion be made after the report has been submitted and read? No; for the assembly has already received it. Eecom- 154. What is the course if the assembly mltment. ig dissatisfied with the report? It may be recommitted, or referred to an- other committee, or its suggestions may be disregarded and the resohition may be consid- ered as though it had never been referred. Accepting 155. Should there be a motion to accept report. the report? ANALYSIS NO. 4. 83 That is unnecessary, unless by way of ap- proval of the committee's work; it does not have the effect of adopting tlie suggestions of the report, but it virtually discharges the com- mittee, if a special one, 156. Should there be a motion to adopt Adopting the report? ' report. A motion to adopt reported resolutions is always proper, but the report itself may con- sist only of facts or arguments, which, par- liamentarily speaking, are not susceptible of adoption. 157. May the assembly amend the report? Amending No ; reported resolutions or bills may be report. amended, but the report itself is the expres- sioii of the committee which must not be made to say that which the committee did not say. 15S. What is the proper method when a committee has reported back a bill or resolu- tion with adhering amendments, in a new form? The new may be substituted for the old by motion; and thereafter it may stand as the bill or resolution pending before the house. 159. Do legislative bodies always pursue this course? Practice is varied by special rules. Amend- ments agreed upon by conference committees are not amendable. 160. How are committees selected? Appoint- By the assembly or by the chair, pursuant ing oomit- to special rules or resolutions; standing com-**®^- mittees being usually elected by vote of the members, and "special committees appointed by the chair, named in a resolution or elected by the assembly. CHAPTEE V. Complemental Motions and Nomina- tions. How Nominations Differ from Ordinary Motions.. 69 KlUng Offices TO Eesolutions Completed by Filling Blanks with Names 71 Suggesting Names 72 Simultaneous Voting 73 Suggestions to Fill Blanks are not Amendatory Mo- tions 74 Proceeding from the Great- ■ est to the Least Number. . 75 From the Least to the Greatest 76 Amendment by the Sub- stitution of Sums 77 The Resolution Written 78 No Competition of Motions, 79 I. Nominations. 69. How they Differ from Ordinary Mo- tions. Nominations are rather suggestions than motions. They differ from the latter in the following particulars: (1) they require no seconding; (2) several nominations may be under consideration at one time; (3) the sug- gested names are all voted upon at once; (4) nominations of officers are not an essential preliminary to voting; (5) suggested names to fill blanks are voted upon together, while sug- gested numbers are voted upon separately, but from the greatest to the least, or from the least to the greatest, as the nature of the case may require, and not in the order of suggestion as when motions are voted upon. The reasons are as follows: No seconding is required, because it is the right of any member to name his candidate and vote for him, whether [841 NOMINATIONS. 85 any other member coincides or not; nominations are not essential because they cannot control the right of voting for one not nominated ; the nominations of officers must be considered and voted upon simultaneously, because the candi- dates must have equal chances of election; the filling of blanks with names of committeemen, contractors and the like, must be done by acting' upon all the suggestions simultaneously, for the same reason; the voting upon numbers must be as above indicated, because the suggestion least likely to be adopted would have little chance of being brought to vote at all, if not given the preference. 70. Filling Offices. When the chair an- nounces that nominations to fill an office are in order, it is the right of every member to name one candidate, but no more. The reason is that as only one can be elected, and the nominator can vote for only one, it is presumable that he will name his preference and will vote for his nominee. He is not bound so to vote by reason of his suggestion, but the presumption is a sufficient reason for confining him to it in the making of nominations, were there not the further reason that the multiplicity of nomina- tions that might be made if every member could suggest more than one would seriously embar- rass the election, without any compensating good. The nominator, however, may withdraw his suggestion and make another, at his own option. The incidental motion that nominating be closed, is not in order until every member has had a fair opportunity of presenting a candi- date, since otherwise the right of the member »l> ' PAEIIAMENTAET PRACTICE. would be denied. It is not in the power of the majority, nor of the whole assembly excluding himself, to debar a member of this right when nominations are in ordel-. Majorities cannot thus trample upon personal rights. After full opportunity has been afforded, such motion is in order, whether any nominations have been made or not; and the house will proceed to vote by ballot or by such other method as will allow simultaneous action upon all the nominations. Nominators and other members may' vote for nominees or for persons not named, since the preliminiary suggestions cannot Control the right of voting. It will be borne in mind that a motion to ap- point an officer is not governed by the usages controlling nominations, but requires seconding, and is subject to all the laws by which other ordinary motions are manipulated and governed. It is needless to dwell longer here on the sub- jects of filling offices and voting as they are elsewhere noticed, upon features not here de- scribed, in connection with other topics. 11. Filling Blanks with Names in Skeleton Eesolntions. 71. Incomplete Motions— How Completed. A skeleton resolution is a form to be written out in full by the assembly itself. It is an un- finished proposition, not meant by the mover to be adopted as presented, but offered by him as the mere frame upon which the assembly may build. Part of it is left unwritten; and usually FILLING BLANKS WITH NAMES. 0/ an important, if not the most important part. The assembly itself is to finish the writing and thns complete the resolution, so as to put it into condition to be voted upon. The completing of such a skeleton resolution is by filling the blanks purposely left by the member who introduced it. The filling is done by the insertion of names, sums, times or what- ever may be wanting; thus, if the resolution be: " Resolved, That be authorized to collect the dues owing to this society by its members," the blank is to be filled by a name; if the reso- lution be: "Resolved, That dollars be ap- propriated for the erection of a new hall," the blank is to be filled by a sum. Whether the filling is by a name, a sum, or a time, the prin- ciple upon which the filling is done is precisely the same; and the method is the same, except in the peculiarity of voting upon the word or words to be inserted. Neither the filling by name or by number is an amendment, as will hereafter be shown, though the process has been usually treated in the books as that of amending. 72. Suggesting Names. Proceeding to sup- ply a wanting name in such a skeleton as that first above suggested, the assembly receives nominations from the members. When one name has been suggested, that is no bar to the suggestion of another by some other member, though it would be, were it an amendatory motion. Many names may be suggested, but voting upon the filling of the blank is not in order until the presentation of names has been completed. The nominations are precisely like nomina- tions to oflices. No seconding is required in 8S PABLIAMENTAEY PEA.CTICE. either case. Persons may be voted for and chosen, in either case, without having been nominated at all. When officers are to be elected, nominations may serve to indicate the choice of those who make them, and may in- crease the chances for the election of the can- didates named, and may expedite business by concentrating votes upon nominees, and by thus diminishing the number of ballotings that might otherwise ensue; but they are not essen- tial, and do not prevent members from voting for those not nominated. When there are sev- eral candidates (as before remarked), the voting upon all must be simultaneous, for fairness' sake; therefore it must be by ballot, by division, by roll-call or other method allowing all to vote at once, so that no one nominee can have any advantage over the rest. When there is but one nominee, the vote might be taken by the voice or by raising the hand. 73. Simultaneous Voting. Is there any difference discernible between nominations to fill an office and nominations to select some one to collect the dues of the members, so far as the above stated particulars are concerned? Ought not all the names suggested to fill the blank in the skeleton resolution appointing him, be nominated successively without limitation of number, and then voted upon simultaneously for the sake of fairness ? There is no differ- ence. Besides, the two kinds of nominations agree in several other respects: either may be withdrawn by the nominator; either requires a majority vote for success unless otherwise ordered by special rule; and, while nomination for office will be iiniversally conceded to be not PILLIKG BLANKS WITH NAMES. 89 an amendatory motion, it will be shown that nomination to fill a blank in a skeleton resolu- tion is also not an amendatory motion. In one respect (not yet mentioned), there is a differ- ence: a majority vote for a nomination to an office, is final action, while a majority vote for a nomination to fill a blank is final only as to the filling, since the completed resolution must afterwards be brought to vote; but this difference does not affect the argument. It might be thought to favor the idea that the suggestion of a name for the blank is an amend- atory motion, but the following six particulars will show that it is not; and they will require no elucidation. 74. Suggestions to Fill Blanks are not Amendatory Motions. (1). There is no full resolution offered, so as to be the subject of amendment. (2). The suggestion is merely to eke out what the mover purposely failed to pre- sent. (3). The suggestion, if a motion, would require seconding; and (4) would preclude another motion of like grade being offered while it should remain undisposed of. (5). If an amendatory motion, but one nomination could be voted upon at once; and the rule of voting to fill blanks is otherwise. (6). Such suggestion is not governed by the general rules concerning motions. N^ow, suppose the skeleton resolution to be as follows: " Resolved, That a committee of three, to consist of Messrs. , and , be selected by the assembly, to audit the accounts of the treasurer," would not the filling of the three blanks be governed by the same considera- tions as those governing the filling of the one 90 PARLIAMENTARY PRACTICE. blank first given for exemplification ? There is no difference except that each member would vote for three on his ballot; but all the names suggested, however many, should have a chance with the first ballot. It would seem that the plan laid down in some of the books, that vot- ing must first be on the names first suggested, is erroneous because unjust, and because based upon the idea that filling the blank of a resolu- tion is an amendment. Committees are usually appointed by the chair, or named in the resolutions creating them; but when blanks are to be filled by names of committeemen selected by the assembly, the process is similar to the insertion of a sum or a time in an incomplete resolution. III. Pilling Blanks with Numbers in Skeleton Besolutions. 75. Proceeding from the Greatest to the Least Sum. Recurring to the example above mentioned: "Resolved, that dollars be. appropriated for the erection of a new hall," it will be found not different from the foregoing two examples, except in the method of voting. Nominations of sums are made in this case, like nominations of names in the other, requiring no seconding, and barring no subsequent suggestion. One member names ten thousand dollars; another, nine; another, five; another, three; another, one. The vote is taken upon the greatest number first, not because first suggested, but because it is least likely to command a FILLING BLANKS WITH NUMBERS. 91 majority. If lost, the next highest is put to vote, but with more chance of success, since those who wished to appropriate ten thousand, may be supposed to now favor , nine, etc. ; and thus on to the least sum, if a majority be not previously centered upon some figure higher. Voting from the greatest to the least is the rule of most legislative bodies, and it will generally be found effectual and convenient; but the better practice is to reverse the process when the sense requires it. As an auctioneer receives bids from the lower to the higher when selling; and as bids are received from higher to lower when a .contract is being let, so the minimum or the maxim.um is the beginning point, accord- ing to the nature of the case, when filling a blank with a sum. 76. From the JJeast to the Greatest Sum. Suppose a skeleton resolution for selling some- thing, with the price left blank. Ten, nine, five, three and one thousand dollars are sug- gested as before; but here it is manifest that the vote should first be upon the least sum, since it is least likely to meet the views of the majority as the price to be fixed; and then, proceeding upwards, voting stops as soon as the sum which the majority is willing to take shall have been reached. The books give examples of the first method, drawn from the fixing of the amount of a fine, the term of imprisonment, the time within which a loan shall be irredeemable, and other instances in which the greater proposition is said to include the less; they give examples of the second from the fixing of the amount of a tax, the day of adjournment, etc. 92 PARLIAMENTARY PRACTICE, "When blanks are to be filled by the insertion of a time, the rule is the same as with regard to a sum. Generally, beginning with the highest . sum and longest time will be found practicable. By the 32d rule of the United States Senate: "In filling blanks the largest sum and the longest time shall be first put." The lower house seems to have made no provision on this matter further than is done by the adoption of JefPerson's Manual by its last rule. 77. Amendment by Substitution of Sums. Suppose a member should offer a fully written resolution appropriating a thousand dollars to the poor: no other sum could be suggested ex- cept by way of amendment. Suppose another member moves to amend by striking out "thousand" and inserting "hundred:" which should be first voted, upon? The amend- ment, of course. But should it be lost, would the question recur on the greater sum ? Cer- tainly so; because the main motion must come to vote. It would seeni to be a work of super- erogation, after the voting of a hundred dollars had been refused; but the state of things is wholly different from that upon the filling of blanks. Members, knowing that the original proposition must come to vote if they defeat the substitution, might vote against the sum of one hundred, yet be ready to favor the sum of one thousand. The illustration shows the difference between amendatory motions and nominations to complete skeleton resolutions. 78. The Resolution Written. When the members of the assembly have reached a con- clusion with regai'd to filling the blank, the resolution is merely completed as to form, and ANALYSIS NO. 5. 93 may be ■withdrawn by the mover by leave of the assembly, if he dislike the filling and prefer to write the whole of his resolution and fill the blank as he may please. The resolution, if not withdrawn, is liable to amendatory motions, like any other maiden resolution. 79. Ifo Competition of Motions. If it be said that the method of filling blanks in skele- ton resolutions is contrary to the cardinal rule, One thing at a time, the answer is that that rule has reference to motions. It was never meant to apply to nominations of officers, of members of committees, or of names, sums or times to fill blanks. JBesides, were it exceptional, the method is well founded in reason, serves to ex- pedite business and does not hinder or compli- cate it. Practically, a resolution prepared by the members themselves is not likely to elicit subsequent emendation or opposition. What* has been said of its liability to withdrawal and to amendment was merely to show its character; but when the method of filling blanks is brought into question, that liability will be found of no serious objection, since the members will always be likely to adhere to the entire motion in the form and- figures in which they themselves have written it. ANALYSIS No. 5. 161. What is a complemental motion ? . Comple- It is a motion to complete a skeleton reso- mental lution by filling its blanks after it has come ™° '°°^' into the possession of the house. I65J. How are names supplied when pur- S'^'?? posely left wanting by the mover that the ^i^^ assembly may supply them? names. 94 PAELIAMENTAKT PKACTICE. By nomination or complemental motion — to fill up tlie resolution witli tlie names of com- mitteemen, for instance. 163. How are nominations to fill blanks voted upon? Precisely as upon nominations to fill offices; but if there is a motion to fill with certain names, the question is put as in case of any incidental motion. Filling 164. How are blanks for sums and times blanks supplied ? bers"^'™ By motion or suggestion' to complete the resolution by inserting a sum or date. 165. May more than one such suggestion' be pending at the same time? Any member may suggest the number, sum or time he prefers, though others have already suggested. 166. How are suggestions voted upon? First, upon the greatest number and the longest time, then upon the next to the great-, est, and so on to the least, or till some sugges- tion be adopted; but this order should be re- versed when the sense requires it. Not 167. Why is not the first proposed num- amend- ber in order to the exclusion of other proposi- ments. tions? Because it is not an amendatory motion, and is not governed by the rules appertaining to such motion. It does not change the original proposition, but completes the writing of it. 16§. Why is not the second proposed number supersediary of the first, like a second degree amendment? Because it does not relate to the first, but is an independent suggestion relating to the original proposition in its skeleton fonn. 169, Do complemental motions require seconding? No; and in this further particular they dif- fer from amendatory motions. 170. Are they debatable? ANALYSIS JfO. 5. 95 They are not, thus further differing from amendments. 171. Why is no aeconding required? Limitation Because it is the right of every member to suggest the name or number which he wishes to have inserted in the blank, whether he has any supporter or not. 172. May a member make more than one suggestion for the filling of a blank? He is limited to one, since the suggestion of two different numbers would be inconsistent. 173. May he withdraw his motion? He has the right to do so, and may then make another suggestive of a different sum, mumber or name, as the blank may require, provided he do so before the time for nomi- nating has been closed. 174. When may a motion to close nomi- closing, nations be' made? When each member has had the opportunity of making his suggestion. 175. After the writing of a skeleton reso- wiien lution has been completed by the filling of amendable its blanks, may it be amended? Yes; for it is then in the condition of a resolution first offered in complete form. CHAPTER VI. Incidental Motions. To Withdraw a Resolution, 80 I Practice in Congress on Di- Form and Effect of Motion to Withdraw 81 Practice in Congress on Withdrawals 83 Call for the Division of a Resolution 83 When a Resolution is Divis- ible 84 Motion for Division 85 Separate Consideration of the Parts 86 Multifarious and Contradic- tory Resolutions 87 Motion to Divide is not Amendatory 88 visions , Reading Papers which are not Under Consideration, 90 Reading Papers Under Con- sideration 91 When Suspension of Rules is in Order 92 When not Permissible 93 Calling to Order 94 Stating and Deciding 95 Appeals '. 96 Renewal, Reconsideration, etc 97 I. The Motion to Permit the Withdrawal of a Motion. 80. Motion to Withdraw Incidental. In- cidental motions are subsidiary to other motiorfs, and consequently supersede them in the order of voting. They are generally not debatable. If the mover of a resolution should not with- draw it before the assembly becomes possessed of it, he then could only do so by general consent, or by a motion passed by a majority. Such a motion is incidental to the resolution, and the question upon it is an incidental ques- tion with reference to that upon the resolution. §1. Form and Eflfect. Such a motion is not made unless the mover of the resolution has asked leave to withdraw, since it would other- [90] PEEMITTING WITHDRAWAL OF A MOTION. 97 wise be discourteous. The mover of the reso- lution, however, instead of asking such . leave, might himself make the incidental motion. Ordinarily, when the mover asks leave to with- draw, the chair asks: " Are there any objec- tions?" If none, the chair will grant leave; if iany, a motion would be necessary. Such inci- dental motion is always • brought to immediate vote, and needs no order to that effect. If adopted, the resolution to which it is incidental is removed from further consideration with all that adheres to it. It is impossible to withdraw a main motion without taking with it any amendment that may be attached, and any secondary amendment that may belong to the amendment, and any dilatory motion that may be in line, together with any amendment that may have been appended to the dilatory mo- tion. §2. Practice in Congress. In the United States Senate, " any motion or resolution may be withdrawn or modified by the mover at any time before a decision, amendment, or order- ing of the yeas and nays, except a motion to reconsider, which shall not be withdrawn with- out leave of the Senate " (Standing Rules, No. 44). By the 16th rule of the other house, a motion " may be withdrawn at any time before a decision or amendment." General assent would be requisite to enable the mover to withdraw his motion after amendment or some m.inor decision on it; or it would be necessary that a motion to grant leave be passed by the ma- jority, as in any other deliberative body where there is no special rule to indicate a different practice. 98 PAELIAMBNTAET PEACTICE. II. The Division of a Besolution. 83. Call for Division. When a resolution is susceptible of separation into two or more distinct propositions, a member may call for its division tbat each may be voted upon alone without being embarrassed by matters embraced in other parts of the general measure. In such case the propositions need not be incongruous or contradictory, one with another; it is suffici- ent if each be distinct and complete in itself, and' of such a nature that a member might reasonably wish to vote for one and against another of the propositions embraced in the resolution. §4. When Divisible. However long and complicated a resolution may be, it may yet preserve unity and be indivisible. On the other hand, it may be brief yet contain more than one distinct proposition. For example of the latter, the following may be given: "Resolved, that the sessions of the Convention be held daily in the town hall." A member might desire daily sessions, but not in that place. There are two distinct propositions and the resolution may be divided. In like manner, a resolution contain- ing many distinct propositions, each capable of standing alone, may be divided into as many different parts to be put to vote seriatim. 85. Motion for Division. When the di- vision of a resolution is called for by a member, the assembly may not give general consent; and when no rule makes division imperative upon the demand of a member, he may move for a division, to take the sense of the house. It is THE DIVISION OF A EESOLUTIOK. 99 often inadvisable to divide resolutions, even though they do contain propositions susceptible of separation. There is often a mutual relation between them rendering it better that they all be considered together. Business may be facili- tated by keeping the resolution entire. When a motion for division is made, therefore, the members may properly take into consideration other arguments than the one based upon the existence of two or more propositions, each capable of standing alone. §6. Separate Consideration of the Parts. When a division has been ordered, all but one proposition must stand in abeyance until some disposition shall have been made of the question pending upon that. No other is debatable or subject to any motion whatever, since there can be but one matter under consideration at the time, and the matter now is the adoption or rejection of the first proposition. When that has been, in due course, as above explained, adopted or rejected, or otherwise disposed of, the second proposition is at once advanced with- out the necessity of any motion to take it up. A temporary disposition of the first, such as takes it from further consideration at the time, immediately advances the second to the front, and it becomes the only question for immediate action. No other independent and original resolution can intervene, except such privileged matter as will be presented in due course. When the second proposition has been either perma- nently disposed of by adoption or rejection, or temporarily disposed of by being postponed, committed, laid on the table or otherwise, the third must be called up by the chair to the exclu- 100 PARLIA.MENTAEY PEACTICE. sion of other matters (with the exceptions above stated), and so on till all the propositions shall have been disposed of by the assembly. Some- times the nature of the question is such that the- first proposition of a divided resolution cannot be first put to vote. Suppose the motion, that the society do now adjourn to meet on Satur- day next, should be divided; the question on the appointment of the next meeting must be first put, since otherwise the adoption of the- first part would preclude its being put at all. §7. Multifarious and Contradictory Reso- lutions. A resolution embracing many inde- pendent propositions is not to be ruled out by the chair on the ground of multifariousness, since it is often convenient and often serves to- expedite business to have many matters thus^ conjoined. Where two propositions in one reso- lution, or a series of resolutions embracing many propositions, are pending before the- house, they should be voted upon together, if the members are so disposed. The chair should not rule the motion to adopt out of order on th& ground of multifariousness. But when two- propositions in one resolution, or two resolutions- in a series, are manifestly contradictory to each other; when, for instance, a resolution declares that a thing is and is not, or an order requires^ that an oflBcer shall and shall not perform cer- tain functions, or one resolution creates a rule and another repeals it, the chair should rule the motion to adopt out of order, on the ground that the propositions negative each other and are a- blank presenting nothing for action. Manifest as this reason is, there are many cases in which the contradiction is not perfectly THE DIVISION OF A EESOLUTION. 101 apparent; and, in cases of doubt, even where there is evidently some incongruity, the chair should not take upon itself the responsibility of declining to put the question. §8. A Motion to Divide is not to Amend. Some treat the d vision of a resolution as an amendment, but clearly it is not. It is not sub- ject to the rules governing amendments. The separated parts constitute the whole, without any change of idea. The motion to divide can- not be properly and advantageously classed with amendatory motions, since it is not governed by the same rules. It is purely incidental-, though relating to the resolution which it seeks to di- vide; and while it is thus necessarily subsidiary, it' cannot be properly classed with any other branch of subsidiary motions than its own. The motion to divide cannot be amended, since it presents a simple question intervening between the making of the motion' to which it relates and the vote thereon, and ^ould be summarily disposed of. For the same reason, it is not debatable. It follows that there would be no utility in applying the previous question to it. If the motion to divide were an amendatory motion, it might be amended by a motion to amend the amendment; it would be debatable in character, as is generally the case with such motions, and there would be utility in the ordering of the question to immediate vote. It seems needless to dwell longer on this point, but it may be proper to say that the opposite position — that the motion to divide is to amend — has been repeatedly held. One of the princi- 302 PABLIAMENTAEY PEACTICE. pal advantages of grouping motions into classes is the better understanding of their nature. 89. Practice in Congress. Both houses of Congress hold the motion to strike out and in- sert to be indivisible; yet the Senate proceeds upon such a motion as though it were already divided, allowing the amendment of either proposition as though it were a separate resolu- tion. By the 31st Standing Rule, any Senator may have a question divided, " except a motion to strike out and insert, which shall not be di- vided; * * * |jq(; ^^g pg^j.(. jQ |jg stricken out and the part to be inserted shall each be re- garded for the purpose of amendment as a ques- tion; and motions to am^nd the part to be stricken out shall have precedence." It would seem by this that though an amendment to the amendment-by-inserting be pending, the Senate would then entertain an amendment to the amendment-by-striking-out, and that the latter would supersede the former and put it in- abey- ance for the time being. The rule of the lower house is: " On demand of any member, before the question is put, a question shall be divided if it include proposi- tions so distinct in substance that one being taken away a substantive proposition shall re- main. A motion to strike out and insert is in- divisible." (Rule 16.) III. The Motion for the Heading of Papers. 90. Papers not Under Consideration. This is incidental, relating to the question which the reading is meant to affect. It is subsidiary MOTION FOE THE READING OF PAPERS. 103 to such question, and must be first put to vote without amendment or debate. " When the reading of a paper is called for, and the same is objected to by any Senator, it shall be determined by a vote of the Senate, and without debate." (Standing Rule, Xp. 15, TJ. S. Senate.) " When the reading of a paper other than the one upon which the House is called to give a final vote is demanded, and the same is objected to by any member, it shall be determined without debate by a vote of the House." (Rule 31, House of Representatives.) Papers to be acted upon may be once read upon the request of any member, as a matter of right; and no motion is necessary; but when a member desires to read other documents, or to have the secretary read them, he must obtain the assent of the assembly. If the chair asks whether there are objections, and no response is made, the reading may proceed. A motion is necessary, if there be objection; and sucli m.otion, relating to and incidental to the main question, must be put before it, and without emendation or discussion. Were every mem- ber allowed to read any paper, document, book or newspaper, as a matter of right, he might greatly delay and interrupt business: he is therefore not left to his own option but must have the assent of the assembly by silent acqui- escence or by the orderly passage of the inci- dental motion for permitting the reading, before he can proceed. Even a written speech is sup- posed to come under the rule requiring permis- sion for reading, though the reasons do not fully apply, since the member might create greater delay and interruption by the oral delivery of a 104 PAELIAMENTAET PEACTICB. speech less prepared and condensed than the written one is likely to be. 91. Papers Under Consideration. Of course the rule is different when the paper which the member would have read is that which is being considered, and upon which he must vote. He has the undoubted right to hear such paper read, and to have all the others of the assembly- hear it. However, after it has been read by the secretary and is under consideration, there must be a reasonable limit to the number of times a member may demand its reading. Congress and other legislative bodies, receiv- ing hundreds of papers in the forms of petitions, memorials, remonstrances, official reports and messages, etc., are accustomed to refer them to their appropriate committees without any pre- vious reading. It would consume a great por- tion of the time of a session to read all the communications, of every character, that are to be acted upon. Most of them are never read at all before reference to a committee. They come back in a different form, being reported " by bill or otherwise." Of course, that which is to be voted upon for adoption or rejection ; that which is reported back for action, is read. It is thrice read before final vote upon the pas- sage, though not so often read in full. And equally of course it may be said, no member is bound to vote upon a question of reference without having the thing read which is proposed to be referred. But the reference is usually provided for in the form of a rule, requiring certain classes of business matters to go to cer- tain designated committees. The references and readings will be noticed hereafter. THE MOTION TO SUSPEND ETJLBS. 105 IV. The Motion to Suspend Eules. 92. When in Order. Assemblies which have adopted special rules must obey them while they exist; and no majority, not even if it embraces two-thirds or three-fourths or nine- tenths of the members, can suspend one of those rules, .unless there is provision for suspension in the rules themselves. The principal object of adopting them is to provide a law which all must obey; and there may be the object also of protecting minorities in their rights. As the motion to suspend derives its right to exist from the rules themselves, it varies in dif- ferent societies. One set of rules may require the vote of two-thirds to order their suspension; another may require less; and a third, more. In the absence of any rule on the subject, a ma- jority cannot suspend a rule, though competent to repeal it. While it is in existence it must be obeyed; but it may be put. out of existence. . The United States Senate allows the motion to suspend a rule in whole or in part after a day's written notice, or after unanimous assent given. The eighteenth rule is excepted (R. 61). The other house allows suspension upon the vote of two-thirds- after seconding by a majority, but only on the first and third Mondays of each month and during the last six days of a session (R. 28). 93. When not Permissible. While a rule which is indebted for its existence to its adop- tion by an assembly, may doubtless be repealed or suspended in such way as the assembly may devise, there would seem to be a difference between such a rule and one which would be 106 PAELIAMBNTAET PRACTICE. existent and operative without such adoption. Suppose, among the special rules of a society, we find written: "The majority shall rule;" " Motions, duly seconded, must be put to vote by the chair;" " Adjournment shall take place when a motion to adjourn has been duly put and carried and adjournment pronounced," and similar regulations: could any deliberative. body rightly suspend such rules, or rightly pass a rule authorizing their supension ? Rules based upon a constitutional requirement or upon a statute, cannot be suspended. The Senate Stand- ing Rule 1, making a quorum to consist of a majority; and Rule 19, "When the Senate shall be equally divided, the Vice-President may, by his vote, determine the question," cannot be sus- pended. Some of the House rules might be specified which cannot be subject to a motion to suspend. No rule based upon established parliamentary principles should ever be sus- pended. A motion to suspend a rule should express the purpose for which the action is required. It is not debatable ordinarily, though debate is al- lowed, under certain circumstances, by the rule of the House of Representatives last above cited. It is not renewable on the same day's session on which it was considered. It cannot be recon- sidered. When suspension is allowed, in any association, it is a commendable provision to require the vote of two-thirds. Thei-e are other incidental motions besides those designated herein, all partaking of the general characteristics (TCscribed, and which may therefore be readily recognized as they arise in practice. QUESTIONS OF OEDEE AND APPEALS. 107 V. Questions of Order and Appeals. 94. Calling to Order. Questions of order give rise to the largest class of incidental pro- ceedings. They necessarily take precedence of any pending proposition to which they relate, and must be decided in advance. Appeals from decisions thereon also forestall the vote upon such proposition, their disposition being neces- sary to the final decisions of the incidental questions. It is the duty of the presiding officer of any assembly to preserve order with reference boijti to decorum and the rules of procedure. Any member may call another to order through the chair, but it is obligatory upon the president to see that all rules are enforced, and that all mo- tions which he entertains are in order. Though much latitude is given in debate, yet if the de- bater is elearlj'' out of order by reason of words spoken or improper manner violative of decorum and of the rules of the assembly, the chair should check him; and, if the case is a palpable breach of order, should silence him at once. The assembly should support the chair in the maintenance of decorum; and, when the dis- orderly member is persistent, and refuses to be brought down by the chair, should even subject him to discipline and to appropriate punishment by censure, expulsion qr other means within its authority. Whether the member called to order by the chair be right or wrong, the other members should maintain the authority of the chair, unless he exercises his privilege of appeal, or some one else appeal?, when the mem- 108 PAELIAMBNTAET PEACTICE. bers should sustain the chair or not, according to the merits of the case. Whether there is an appeal or not, the mem- ber called to order should immediately heed the •call and take his seat. He may be permitted by the chair to explain. He may be permitted by the assembly to explain. An incidental mo- tion to that effect may be passed. If called to order for words spoken, he may resume his speech after a successful appeal. 95. Stating and Deciding. A member, call- ing another to order for words spoken in de- bate, should indicate the objectionable words that they ms^y be immediately taken down ; and he should state the point of order which he makes. He cannot raise the question, if other business .has been transacted after the breach of order, unless the intervening business has, by reason of its more highly privileged character, prevented him from raising the point. He can- not object to any motion as out of order unless he does so at the proper time, which is when the motion is offered. He cannot object after the ' day on which it has been offered, seconded, stated and entered, unless, by reason of imme- diate adjournment, or the immediate introduc- tion of some privileged question, all opportuni- ty of raising the point has been cut off. A member raising any question of order, whether concerning decorum or procedure, must state his point. The presiding officer may immedi- ately decide it, or he may indulge debate at this stage for his own information. It is not the right of each member to be heard at this junc- ture. The chair may, at the close of any speech, proceed to decide without awaiting further QUESTIONS OP ORDER AND APPEALS. 109 speeches. Reasons for the decision need not be given; but the president may render them, and, possibly, thus satisfy the members so as to preclude appeal. The chair ought not to give any opinion on a matter of order in reply to a question by a member before a point has been regularly raised; he is only to decide when a question is proper- ly presented. 96. Appeals. Appeal may be moved by the member decided against, or by any other mem- ber. It requires seconding. It is the right of the appellant to state the grounds of his appeal. It is the right of the president, and, under some circumstances, his duty, to submit to the assem- bly the reasons of his ruling, in case of appeal. He should state the question arising upon ap- peal, as follows: " Shall the decision of the chair be sustained?" or, " Shall the decision of the chair stand as the judgment of the house?" An appeal is debatable, as a general rule. It is subject to the ordinary regulations of debate: no one being allowed to speak twice till all have had the opportunity of being heard, and after- wards only by sufCerance, or by leave granted; the appellant being allowed to open and close as a matter of f)arliamentary courtesy; the de- bate being subject to closure by incidental mo- tion, and ail the usages of discussion being ap- plicable. There are exceptions to the general riile that appeals are debatable. Speaking is not f)ermis- sible upon an appeal from a decision that words spoken have transgressed the rules of speaking. If the previous question has been moved, or the main question ordered, and then a point of or- 110 PAELIAMENTAET PEACTICE. der been raised, decided and appealed, no debate can be had on such appeal; nor is the point de- batable before the chair's decision. If, when any undebatable question is pending, a point of or- der incidentally be raised, there can be no speak- ing upon such point, either before the chair's ruling, or afterwards upon appeal. By general consent, these restrictions are sometimes relaxed; especially when the question of order is new, difficult and important. An appeal is subject to the motion that it be laid on the table, pending which motion it is not debatable. The effect of tabling an appeal is not to suspend the decision of the chair appealed from, but to sustain it as the judgment of the assembly. The decision is overruled by a tie vote upon the appeal, owing to the form in which the question is stated. 97. Renewal, Keconsideration, Etc. When an appeal has been decided, it cannot be renew- ed, though additional grounds be suggested. The decision cannot be reconsidered, if the reso- lution, bill or measure which gave rise to it has been subsequently passed by reason of the de- cision. If a proposition be oflFered and it be ob- jected to as not in order, and the point be decid- ed adversely and debate be allowed to progress upon the proposition, the point cannot be re- newed on the following day. In the U. S. House of Representatives, ap- peals on questions of order are debatable by all the m^inbers, though no one can speak twice without leave; but questions of order arising af- ter the previous question is moved, and such question arising on any undebatable motion or ANALYSIS NO. 6. HI measure, or during the division of the House, constitute exceptions. * The practice in the House is in accord with the general usages governing questions of order and appeals as herein treated, and need not be here further stated. ANAIiTSIS No. 6. 176. Are incidental motions subsidiary? Incidental Yes; and consequently any one of them su- Motions. persedes the pending motion which gives rise to It. 177. What is the effect of the adoption of To with- the motion to withdraw a resolution from the draw a possession of the house? resolution. The latter is removed from consideration with all its appendages'. 17§. Is the motion for the division of a To divide a resolution incidental or amendatory? resolution. The former. 179. When may it properly he applied? When the resolution contains distinct pro- positions which may be voted upon separate- ly with advantage or without detriment to any one of the propositions. 180. What is the course where division Order of has been ordered? puttingthe All the propositions but the first stand in liesnons. abeyance till the first has been disposed of; then the second is advanced, and so on to the end ; but this order is changed when the na- ture of the proposition renders it necessary. 181. May not a resolution containing sev- Multifar- eral propositions be ruled out of order on the wus mo- ground of multifariousness? ''°"^- It cannot, though that may be good ground for its rejection by the assembly. 182. When two propositions, embraced Contra- in one resolution, are contradictory, should not ^ot?^g the resolution be ruled out? 112 PAELIAMENTART PEACTICE. Division not debat- able. Demand. Beading papers. Suspend- ing rules. Questions of order. Yes;if the contradiction is palpable, as that a thing is'and Is not; but if there is the slight- est doubt of the contradiction, the chair should not assume the responsibility of ruling it out. 183. Is the motion to divide debatable? Neither debatable nor amendable, though every proposition of the resolution, when divided, may be both. 1§4. Is a motion always necessary for a division? Any member may demand division by the rules of some assemblies (including U. S. House of Representatives) but motion is a member's only method, if driven to use one, in the absence of special rules. 185. Does the reading of papers not being acted upon require a motion? Yes, if it is objected to ; and such motion cannot be amended or discussed. 186. May special rules be suspended by a motion incidentally made? Yes, if such rules so provide ; and the vote necessary to pass such motion, whether a ma- jority or two-thirds, or three-fourths, or unan- imous, depends entirely upon such special rules, in any particular assembly. 187. How is a question of order raised? Any member may object to a motion or to conduct which he deems disorderly, and may state his point. 188. May the presiding officer take notice of a disorderly motion or indecorous behav- iour when no member has raised a point of order thereon? It is his duty to do so, and to rule upon it. 189. May he decide peremptorily upon a submitted point of order? When the assembly is dividing upon a ques- tion, he should do so ; and on other occasions he need not indulge the members in debate further than he deems it necessary for his own information. 190. What is the duty of a member when called to order? ANALYSIS XO. 6. 113 He should heed the call, take his seat and await the action of the chair. 191. What is the course when he is called Disorderly to order fou disorderly words ia debate? 'woras. The words are taken down and the member may explain. If he is decided tohave trans- gressed the rules of debate, he cannot resume his speech without leave of the assembly. He may be censm-ed or otherwise disciplined. 192. How is the time for objecting to dis- orderly words limited? * The objection comes too late if other busi- ness has intervened. 193. What is the remedy if any member AppeaL deems the chair's ruling erroneous on any question of order? He may appeal: the appeal must be sec- onded. 194. Is an appeal debatable? Ordinarily so. The presiding officer should give the reasons for his ruling, and the appel- lant should state the grounds of his appeal and should be accorded the opening speech thereon. 195. Is the debate general? Appeal- Each member may speak once, but not again Debate. without leave. 196. What questions of order and appeal are undebatable? Points of order incidental to undebatable questions, those raised after the previous ques- tion has been moved or the main question or- dered, those relative to disorderly words spoken in debate, and those raised when the assembly is dividing, cannot be debated either before or after the taking of appeal. 197. May an appeal be laid upon the table? Division. Yes; and the practice is common; and the^^^wal, efEect is not to suspend the decision of the chair, but to sustain it. 198. When brought to final decision upon appeal what is the form of the question? " Shall the decision of the chair stand as the 114 PAELIAMENTAEY PEACTICE. judgment of the assembly?" or, "Shall the chair be sustained?" 199. What is the effect of a tie vote? The ruling would not be sustai^ied. Undebat- 200. May an appeal be renewed after de- ableques- cision? No; not even on newly stated grounds. 201. May it be reconsidered? Yes; unless the measure which gave rise to the incidental question of order, whence sprang the appeal, has been disposed of pur- suant to the decision. tions. CHAPTER VIL Debate. What is Debatable 98 Sjpeakmg by Sufferance . . 99 Why Motion precedes De- bate 100 Why Seconding precedes. 101 Preliminary Speaiiers ruled to order 103 Mover and Seconder may Debate in order 103 Speaking by Committee- men VA Courtesy 105 Personality, Disorderly words, etc 106 Yielding the Floor. 107 Using Names 108 Decorum 109 Special Regulations 110 Common Usage Ill Closing Speeches 112 Closing Debate 113 I. Speaking to the Question. 98. What is Debatable. The general rule is that all questions are debatable, because the object of deliberative bodies is to reach the ma- ture judgment of the majority by means of free interchange of thought. Exceptions are based on the reason that some questions require in- stant action in order to dispatch business. TJfidebatable questions are those upon adjouro- ment, fixing the time of the next meeting (when the question thereon is privileged), laying on the table, taking from the table, ordering the main question, reconsidering an undebatable question, withdrawing a motion, suspending a rule, taking up the order of the day, fixing pri- ority of business, limiting or closing or extend- ing debate, questions of order arising upon undebatable questions, and any question of like nature. [115] 116 PAKLIAMENTAEY PKACTICE. 99. Speaking Iby Sufferance. There must be a motion seconded and stated before there can be any question to be debated. Here, dis- tinction must be drawn between speaking by the suflEerance or permission of the assembly, and debating as a matter of right. Even a. visitor, upon invitation, may address the body on any subject appertaining to the business of the assembly and consonant with its character, though there is no question pending. Members may be allowed to speak when there is no ques- tion, by general assent; or by invitation, when a majority vote therefor upon motion. It is not uncommon for a member, who has given previous notice of intention to introduce a reso- lution at a given time, to rise at that time and proceed to make a preliminary speech; or, without previous notice, to rise, stating that his purpose is to make a motion, and then proceed to make prefatory remarks before introducing it. The seconder also, before formally second- ing a motion, sometimes addresses the chair, giving his reasons for favoring the resolution or order. But neither the mover nor the sec- onder can speak thus out of order as a matter of right. It is only by tlTe indulgence of tte assembly that either is heard at this stage. 100. Wliy Motion precedes Debate. The reasons why the mover has no right to speak upon his motion not yet made, are (1) thereis no question to be discussed; (2) the motion when made may not be in order; (3) if in order it may not be debatable; (4) if in order and debatable, the assembly may not choose to have it discussed but prefer to table, commit or post- pone it, or to order an immediate vote upon it. SPEAKING TO THE QUESTION. 117 These reasons need no amplification; but it may he well to advert to the fact that they seem to have been overlooked by those writers who state that the member rising to move something may rightfully make a preliminary speech. It has been even laid down as a gen- eral parliamentary rule that the mover is entitled to introduce a motion by a speech, if he announces when he rises, or has. previously announced, that he intends to make a motion. And it is further said that his intention to move is presumed when he rises, though no announce- ment of it be made; and if, under such circum- stances, he should be interrupted on the ground that there is no question before the house, he, upon stating then that he intends to conclude with a motion, would be entitled to proceed. 101. Why Seconding precedes Debate. The reasons against allowing a preliminary speech before moving, apply in part against allowing it before seconding; for, though it may be known whether the motion is made in order, and whether it is debatable, it cannot be known whether the assembly will choose to discuss it or dispose of it summarily; and the prime reason applies: there is no question to be discussed at the time a member rises to second the motion. Yet it has been averred that the seconder has only to announce that he rises to second the motion in order to be entitled to make a preliminary speech. The error here is not so glaring as that stated in the preceding paragraph, since the announcement by a mem- ber that he rises to second a motion might be considered as the seconding of it; still, there is 118 PAELIAMENTARY PRACTICE. no question stated by the chair, none in posses- sion of the assembly, nothing to be discussed. 102. Prellramary Speakers Ruled to Or- der. The true doctrine is that such preliminary speaking, either by the mover or the seconder, is always by indulgence and never by right; and that, without permission previously ob- tained of the assembly, either is liable to be taken down upon a call to order. This doctrine is not only sustained by the bare reasons above stated, but might be further supported by argu- ments drawn from the necessity of preserving the symmetry of parliamentary science, and from the best precedents. Besides, must an assembly incur the risk of a wanton waste of time; the danger that a protracted speech may end in a motion trivial, impertinent or on a sub- ject different from that of the speech; and the liability of having thrust upon it the disagree- able duty of dealing with the wrong-doer by reprimanding, censuring or even more severely punishing him, in order to preserve the order and dignity of the assembly ? 103. Mover and Seconder may Debate, In Order. So far has the opposite doctrine been carried, that it has even been insisted that the mover and seconder of a motion have no right to debate it after it has been stated by the chair, even if they have not made preliminary speeches; that failure to make them must be considered as a waiver of their right to speak, though no ques- tion was in existence before the motion had been both made and seconded, and none in existence for debate before it had been stated. It is true that the assembly may consider itself in pos- session of the mover and seconder's sentiments SPEAKING TO THE QUESTION. 119 regarding the proposition by reason of their mak- ing and seconding the motion, but their right to enforce their opinions by argument remains equal to that of other members. 104. Speaking by Committeemen. The chairman of a committee, after making report, is not entitled to the floor for debating any ques- tion to which the report may give rise, until such question has been duly stated by the chair. A verbal report, though containing the reasons upon which the conclusion is founded, is not debate, nor is it governed by the rules of dis- cussion. When the question arising upon the report has been stated, the chairman of the committee cannot then claim the floor as of right by reason of his office; but if the question is upon a resolution reported by him, the other members ought to give him the first opportunity of speaking as a matter of amenity, and for the purpose of having the resolution more fully ex- plained by one presumed to itnderstand it better than the rest. If, however, the question should be upon the reception or acceptance of the re- port from the committee, and not upon the adop- tion of a resolution submitted, there would not be the same reason for according him the pre- ference; but, on the contrary, he should rather forbear to speak. When there is a minority report, one of its signers should be allowed to follow the chair- man of the committee, as a matter- of courtesy and also for the purpose of getting all the views of the committeemen before the assembly prior to general discussion. But none of the min- ority, any more than one of the majority, has any exclusive right to the floor without having 120 PAKLIAMENTAEY PEACTICE. obtained it in the usual way, like any other member. Speaking to the question, after its statement, and then one speech at a time, confined to the question, addressed to the chair, and respect- fully delivered, is the invariable rule of debate in all properly conducted deliberative bodies. Its violation is subversive of the very object of such bodies: the reaching of a conclusion by the majority after free interchange of thought and argument. XL The Order and Etiquette of Del^ate. 105. CoTirtesy. To the mover of a resolu- lution or order should be accorded the first op- portunity of speaking, not only as' a matter of courtesy, but as a means of understanding his proposition as the basis of further argument; and this precedence should be cheerfully accord- ed by his fellow members. And when another contends with him for the -floor, if both have otherwise equal claims so far as concerns the time of rising, the chair should prefer the mover. Those who afterwards successively obtain the floor must be heard, but none should be heard a second time till all have had the opportunity of addressing the chair. The closing speech should be by the m'over, if he desires to make it, and if there be no good reasons why debate should be closed without it. In the absence of special rules, there is no limit to speeches as to time, except that the as- sembly may protect itself from being imposed OKDEE AND ETIQUETTE OP DEBATE. 121 upon by speeches of annoying length, evidently made to waste time and not to subserve the prime object of a deliberative body as above stated ; and, in order thus to protect itself, the assembly may interrupt the speaker through a member rising to a point of order and stating that the speaker is abusing his privilege. And the chair may, in an extreme case, rule the speaker out of order, and leave him to his remedy by appeal. Even a motion made to de,ny him a further hearing might properly be entertained, if made for the protection of the assembly under such circumstances. It would raise such an incidental question as would temporarily super- sede the question under discussion, and would be allowable from the necessity of the case. 106. Personality. It would seem to be needless to say that all personality and ungen- tlemanly language and manner must be avoided in debate; that deference to the presiding offi- cer, as the head of the body, must be always ob- served; that useless questions to, and interrup- tions of, the speaker should not be indulged; and that orations foreign to the question should be discountenanced as abusive of the privi- leges of the assembly, and tending to embarrass free deliberation and to defeat its legitimate end. When a question of, order is raised during a speech, the speaker must desist until it is settled, whether it concerns himself or not. Should he be called to order for disorderly words, thfe words should be taken down immediately that they may not be forgotten and that they may form the evidence for the decision of the ques- tion of order thus raised, or of any motion of 122 PAELIAMBNTAET PEACTICE. censure or expulsion that may follow. Where there is a stenographic report already made, that may suffice; but it should be read at once and agreed upon. 107. Tie] ding tlie Floor. When a speak- er yields the floor, by request, for a temporary purpose, he does not thereby lose his right to it for the purpose of finishing his speech, as some writers have supposed. True, should he thus yield without the chair's cognizance; if, for in- stance, some member should whisper to him and get his consent to give up the floor temporarily, the chair would not be presumed to know that he had not finished his speech, and would not be bound to restore the floor to him. Ordinarily, however, the member desiring the floor for a temporary purpose, rises and asks that the opportunity be offered him; whereupon the chair asks, " Will the gentleman yield the floor for the purpose ?" and, should the speaker yield, the chair should give him the floor again when the purpose of the yielding has been ac- complished. 108. Using STames, Parliamentary etiquette excludes the unnecessary mention of members' names in debate when other designations will answer as well. Generally, reference to a mem- ber as the gentleman from the place which he represents, as, from Maine, from Georgia, e'tc, will prove sufficient; or, as " the gentleman on my right," "the gentleman who immediately preceded me," " the gentleman who opened the discussion," etc., will be found definite enough; but were there several members representing the same state — even the same county or town, and all seated in the same part of the hall, and OEDEE A.ND ETIQUETTE 01" DEBATE. 123 none distinguishable as the preceding speakei', or by any like designation, it would be both proper and parliamentary to allude' to one of them by name. And even the Christian name could be used with the surname, if rendered ne- cessary by there being two or more from one place, seated together and bearing the same patronymic. 109. Decorum. It is commonly laid down as a rule of deliberative bodies that members addressing the chair must stand " uncovered." ITo doubt they should do so; but this is merely a matter of good manners, and is not peculiar to parliamentary etiquette, but appertains also to that of the parlor. Hats are worn in some Euro- pean assemblies where custom sanctions it; and to ensure a diflEerent habit in this country may be why this particular matter is mentioned in books and rules wfthout any further specifica- tion relative to the matter of attire. Of like character is the injunction that members must not talk, or pass between the speaker and the chair when a speech is being made. Such dis- orderly behavior in members of parliamentary bodies as calling "Question!" "Question!" "Chair!" "Chair;" inquiring whether a motion would be in order, if made; and similar repre- hensible practices, should not be countenanced as parliamentary. These last mentioned practices are really violative of the decorum of deliberative bodies, while being covered with a hat is not neces- sarily so, since a Quaker or a -woman may speak, wearing one, without being disrespectful. Even the standing posture, while speaking or making a motion, is not universally impera- 124 PAELIAMENTAEY PEACTICE, tive; for, in very small bodies, such as a board of bank directors, or a jury, it would not be indecoi'ous to sit. This matter, like the rest, belongs to the etiquette of assemblages, rather than to the common law of parliament- ary procedure. If special rules i-equire "stand- ing uncovered," let them be obeyed, though gentlemen will usually maintain respectful atti- tudes without rules to that eifect. HO. Special Regulations. In legislative bodies debate is usually regulated by special rules. Such rules override the general parlia- mentary law with regard to tlie subjects which they embrace, though the latter remains in force where the rules are silent. It is not un- commonly provided that the member who re- ports a measure from a committee may both open and close the debate thereon, and that the mover of a bill or resolution shall be accorded the closing speech. And the closing has been allowed, by rule, even after the ordering of the previous question. Written speeches have long been inhibited by such bodies, without leave granted for the read- ing of thein, though the use of notes and heads of argument has not been deemed objectiona- ble. Formerly, by special rule, some legislative bodies preferred the opponent of a bill to its ad- vocate when both contended for the floor. The attitude of speakers, their decorum and that of others when a speech is being delivered, are often made subjects of special rules. 111. Common Usage. Not only by such rules but by the common usage, members are allowed to address the chair after having spoken upon the question, if they rise to explain some OEDEB AND ETIQUETTE OP DEBATE. 125 matter of a previous speech which has been mis- understood, or if they have some important fact to communicate. Though a m.ember may have spoken on the main question, he has the right of speaking should an amendment give rise to a new ques- tion, or should a debatable subsidiary motion of any charactei" be made, seconded and stated. What has been said above is applicable to debate upon any question, and is not confined to that of the main question. 112. Closing Speeclies. There must be an end to discussion. That is reached when all the members cease to speak,' after fair and full opportunity, and assent by their silence when the chair asks whether they are ready for the question. There may be cases in which speaking should be permitted after the chair has begun to put the question, before any one has voted; for some member may not have heard when the chair inquired into the readiness of the house, or he may have some other good reason for his tai-diness; but when voting has really begun, it would be a very extreme and meritorious case indeed that would justify the re-opening of debate. The claim maintained by the zealous advo- cates of the right of free discussion, that after the vote has been taken, and the chair has announced which side seems successful, and a division has been called for, debate may be resumed by the members as a matter of right, tends to render parliamentary discussion an interminable matter. It seems to be without good support in reason, however sustained by 126 PAELIAMBNTAEY PEACTICE. ancient precedents occurring at a time when the chair was accustomed to evolve questions from preliminary argument; and however favored by more recent rules necessarily limited to the bodies by which they are promulgated. Ordinarily, no one should be permitted to speak after memlDers have begun to vote. 113. Closing Debate, It would seem that the right to close discussion when it has been so prolonged and tedious as to be no longer desirable or profitable, should exist somewhere. It may be wise for the majority to fix upon a standing rule requiring a vote of two-thirds for the suppression of • debate.- Suppression is usually effected by the designation of a future hour at which debate shall cease. Within the time, all have an equal right to obtain the floor; and any one who fails to get it cannot complain that the limitation is specially unjust to himself. ClSture has largely engaged the attention of the House of Commons, of late; and though the right of free speech was ably argued, it was finally decided that the right of the majority to close debate and bring on the vote is inher- ent, and that its exercise is necessary under cer- tain circumstances. The adoption of the motion to suppress de- bate does not prevent further a,mendments, etc., as that ordering the main question does; and it is therefore the one to be preferred if only the closing of debate is intended. ANALYSIS NO. 7. 127 ANALYSIS No. 7. 202. What questions are debatable? Debatable All, as a general rule; there are exceptions, questions. 303. Why are all generally debatable? Because the object of a deliberative body is to arrive at conclusions after free interchange of thought. 204. Upon what are exceptions based? Upon the urgency of action, in some cases, for the dispatch of business. 205. What are some of the usual unde- xjndebat- batable questions? able ques- Those upon adjoui-nment, fixing the next *'ons. meeting in case of necessity, laying on the table, taking from the table, oi'dering the pre- vious question, reconsidering an undebatable question, declining to entertain a ques- tion, withdrawing a motion, suspending a rule, taking up the order of the day, fixing priority of business, limiting or closing or ex- tending debate, questions of order incidental to undebatable motions, etc. 206. What are some partially debatable questions? Those upon postponement to a certain time, and those limited by special rules . 207. What is meant by speaking to the Speaking question? * to the The question under consideration is the only question. thing debatable, and the speaker must confine himself to that. 20§. May he not speak when there is no question pending? Only by sufferance; and that by general consent, or by motion duly passed. 209. Are not prefatory remarks allowable Prefatory before the mover presents his resolution? remarks. They are not unusual, and the chair ordin- arily permits a brief statement, if no objection be made. 210. Why may not the mover then speak By the as a matter of right? mover. 128 PAELIAMENTAEY PRACTICE. Because there Is no question before the assembly; his proposed motion may not prove to be in order, may ,not be debatable, may be declined by the house, may prove one that the house would rather table, refer or defer, than immediately discuss. 211 . Is he not entitled to speak if he states his intention to make a motion? Not of right; but if he be allowed to speak at length, by sufferance, he should not after- wards be heard to speak upon his resolution till all others have had the opportunity of speaking. By the 212. May not a seconder speak when he seconder, obtains the floor and announces his design to second the motion? Such an announcement may be equivalent to seconding, but he cannot speak, as a mat- ter of right, until the question has been stated by the chair. After 213. Have the mover and seconder the statement right to speak after the statement? o£ the ygg. though some have been held to the ques ion. (.gjjtj.a^j.y. ^^gy have the right, and, in case of competition for the floor between either of them and some other claimant, the preference should be awarded to the mover or seconder, provided other claims are equal. By special rule, the mover is usually allowed to open and close the debate. • 214. Is not .the house made aware of the sentiments of the mover and seconder, with- out speeches from them? Yes; but it is entitled to their arguments too, if they choose to offer them, in due time and order, like other members. By chair- 215. May not the chairman of a com- man of a mittee make a speech when offering the com- committee mittee's written report, before any question thereon has been stated by the chair? Preliminary explanation is all that is allow- able, and that may be ruled out, upon objec- tion. He may make a verbal report, but that is not debating a question. ANALYSIS NO. 7. 129 S16. Has he a preference over others in speaking, after a question upon the report has been stated? Other members should accord it, as a mat- ter of courtesy, when the question is on the adoption of reported resolutions; but the chair should give him the preference only when his claim and his competitor's for the floor, are equal; as when both- have addressed the chair at once. Upon a question of accepting the report from the committee, he should have no favor. By special rule, the chairman of the committee is usually awarded preference. 217. May the maker of a minority report By a mi- have like sufferance and courtesy? nority-re- Like latitude is usual in his case ; but both SSttee^n must take their chances in debate with the rest of the. members, so far as right is con- cerned, unless special rules give them priority. Special rules do not usually accord preference to a member making a minority report. 218. How often may a member speak? Times and But once, till all have had opportunity of length of being heard; then the discussion may be pro- speeches, tracted as long as. the members choose, when unrestrained by special rules. 219. How long may a member speak? In the absence of any special regulation, there is no limit ; but the assembly has power to protect itself against an abuse of the privi- lege. 220. What must be the conduct of the Demeanor speaker? • of speaker It must be respectful to the chair, to the house and to the visitors ; personalities must be avoided; even the naming of members un- necessarily is deemed disrespectful. 221. When a speaker is called to order for words spoken in debate, how is evidence of the words preserved? They are taken down at the moment. 222. When a speaker temporarily yields Yielding the floor, does he lose it? ^■^^ ^oo"^- 130 PAELIAMENTAEY PKACTICE. Not if such yielding is under the cogniz- ance of the chair. Disorderly 223. Is it orderly for sitting members to exclama- call "Question!" "Question!!" "Chair!" tions. << Chair! I" while a member is speaking? No ; it is at all times disorderly. Written 224. May a member read a written speech? speeches. Yes, by leave ; or if there be no objection. Explana- 225. May not explanations, by a member tions. who has spoken once, be made before all have had a chance for the floor? Yes; if the chair deems them sufficiently urgent, and always if they involve a question of privilege. Debating 226. If one has spoken on the main ques- new ques- tion, may he gain the floor and speak upon a tions. subsequently offered amendment while there are others who have not had the opportunity of speaking? It is a different question ; he may speak to it. 227. May he do so, if a debatable subsidi- ary question has been interposed? That depends upon the turn the intruding motion gives to the debate. If the subsidiary motion be to postpone indefinitely, he should not speak again, since the merits are involved; if it be to commit, he may discuss the com- mitment; if it be to postpone definitely, he may discuss the propriety of such postpone- ment. Closing 22§. How is debate brought to a close? debate. By the members ceasing to speak ; by the declining or delaying of the question; by its supersedence by a privileged question; by the operation of the order for the main question, or by the adoption of a motion to close debate. 229. Who has the privilege of making the closing speech? The mover or committee-reporter of the measure is usually accorded this privilege by special rules; and even after the main ques- tion has been ordered, such privilege is al- lowed by some legislative bodies. CHAPTER VIII. Ordering the Vote. Beflnition of the Previous Question i. 114 Object 115 Secondiiig 116 Effect of Refusal to Sec- ond 117 Applications of the Mo- tion 118 The Call for the Previous Question. 119 To what the Call and Or- der relate 120 Ordering an Incidental Question 121 Application to the Motion to Reconsider 122 Nature of Calling for the Question when znaldng a Motion. ■. 123 Seconding when the two Motions are made 121 I. The Previous Question. 114. Definition. The previous question is one put previously to the putting of that ques- tion to which it relates. It takes its name from that circumstance. It is previous in the order of voting. Its form is: "Shall the main ques- tion be now put?" It relates to the main question. Its purpose is to order the main question to vote. All subsidiary questions are put previously to the putting of the questions to which they relate, but usage has confined the terva. previous to the question of ordering the main question to immediate vote. The definition of "the previous question " would be more explicit, if given as follows: the question upon ordering the main question. The word main, in this definition, and in the form, "Shall the main question be now put?"- [131] 132 PAELIAMENTARY PEACTICE. does not, in every instance where the previous question is applied, mean the principal question or that on the adoption of a resolution, etc., but it often means one subsidiary to that principal. Whether the previous question is moved with regard to the principal or a subsidiary question, that to which it relates is the main one to which the minor is applied. For instance, if the pending question, under debate, were upon an amendment to a resolution, and the previous question should be moved on the amendment, the question on the amendment would be the main question in its relation to such motion though subsidiary in relation to the resolution. It would be the major, while the motion would raise a minor question. It would be brought to vote after the previous question (the minor one) had been put, and the voting ordered. The minor must be put to the house before the ma- jor, and therefore it is the previous question. 115. Object. When a member calls for the previous question, he seeks to bring the ques-- tion, to which the minor one relates, to imme- diate vote. If the motion for the previous ques- tion is successful, the order is thus made; the order that voting shall now take place upon the major or main question (using the word "main" in the sense just above defined). The objects, uses and relative importance of this motion, in comparison with other methods of closing debate, may further illustrate its character and meaning. Debate may be closed by a successful motion to suppress it, in bodies where such procedure is allowed; but an order suppressing debate does not prevent the offei-- ing of motions subsidiary to the pending one. THE PEEVI0T7S QUESTION. 133 nor bring the latter to an immediate vote. De- bate may be closed by the adoption of a motion to lay the pending question on the table; but that would not precipitate voting, nor prevent a renewal of discussion and the offering of sub- sidiaries, whenever the tabled question should be taken up. On the other hand, when the pre- vious question is successful in getting the main question ordered, debate is thus closed; the further offering of amendments prevented; the further offering of any thing subsidiary to the main question (except tabling), is prevented, and the ordered question is brought to vote at once. It is thus, by far, the m.ost effective method of expediting business. Whatever may be urged against it as an instrument in the hands of the m.ajority, it m.ust be conceded to be effi- cacious in furthering business. 116. Seconding. The call for thej)revious question must have the support of the majority, at least. They express themselves, not by vot- ing as on other questions, but by seconding the call. When the previous question has been moved by a member, the chair inquires: ."Is the previous question seconded ? " or, " Is the call for the previous question seconded ? " whereupon, those favorable to the call, rise to their feet. If a inajority rise (unless more are required by special rule), the chair says: " The main question is ordered." So, seconding the motion is adopting the motion. Voting upon that preliminary motion, after such expression by the number necessary to pass it, would be a work of supererogation. Were all ready for voting, there would be no need for the order. If, by general consent, all 134 PAELIAMBNTAEY PKACTICE. further debate and all further offering of sub- sidiary motions should stop, it would be the duty of the chair immediately to put the pend- ing question to vote; and thus would be accom- plished precisely what is accomplished by means of the previous question. The motion to table stops debate, emendation, etc., and hence the call for the previous question is out of order when that motion, relating to the same main one, is pending. Whether a member is an advocate or an op- ponent of the measure to be subjected to vote, he may desire that it be brought to the test, and may therefore consistently move or second the previous question. The order is not an in- strument exclusively in the hands of either; the friends or the enemies of a pending measure. 117. Bflfect of Refusal. Under the practice which formerly prevailed in legislative bodies, the opponents of a bill would move the previous question with reference to it, because they hoped to have the order refused; and this result prohibited any , vote from being ever put. When the -word " now " had been added to the form of the proposed order, legislative bodies long held that a negative result, being a decision that the question should not now be put, precluded any vote upon the question for the day. The present effect of the refusal of the ma- jority to second the call for the previous ques- tion is to leave the pending question precisely where it was before the ineffectual attempt to bring it to immediate vote was made; and also to leave all its adhering questions, and all dilatory ones, in the same state as before. This is now generally understood, though some legislative THE PREVIOUS QUESTION. 135 bodies may hold to the other interpretation. In the absence of any specific regulation upon the subject, deliberative bodies of all kinds should go on with business, when the question has been called for but not ordered, precisely as though there had been no call. 11§. Applicatlonsbf the Motion. The dif- ferent applications of the previous question are fully I'fcognized by the popular branch of Con- gress (Rule xvii, House of Representatives), and thus expressed: " Thei-e shall be a motion for the previous question, which, being ordered by a majority of members present, if a quorum, shall have the effect to cut off all debate and bring the House to a direct vote upon the im- mediate question or questions on which it has been asked and ordered. The previous ques- tion 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 engross- ment and third reading, and then, on renewal and seconding of said motion, to its passage or rejection." This rule, though binding as such only on the body which has adopted it, is in conformity with the reasons applicable to the subject in its present state of advancement, and therefore expressive of the practice that should prevail in all deliberative bodies when the previous ques- tion is employed as an instrument in parliamen- tary work. The United States Senate does not use this instrument, though the inhibition is merely by implication in the Standing Rules of that body. 136 PAELIAMENTAEY PEACTICE. By Rule xvii, 1 (House of Representatives, U. S.), after the previous question upon the final passage of a bill has/been ordered, a mo- tion to commit the bill will lie. By Rule xxviii, debate for thirty minutes (half on either side of the question), is allowed after the main question has been ordered, pro- ' vided there has already been no discussion thereon. 119. The Call. The call must not be con- founded with the orderi In the scale of the rank of subsidiary motions: to table, to pre- question, to postpone definitely, to commit, to amend secondarily, to amend primarily, to post- pone indefinitely — the second motion mentioned means that the call for an order to vote imme- diately may be made though the question upon any one of the subsequent motions be pending; may be made and put to vote — that is, submit- ted for seconding by the majority. But it does not mean that the order to vote, made by such seconding, cuts off subsequent voting upon pending subsidiary questions of lower rank. The call for the order is first put for seconding, but the execution of the order brings the subse- quent questions to vote in regular succession when applied to the whole series. The call can have no subsidiary motion ap- plied to it; that is, it cannot be tabled, post- poned, committed or amended. It can be super- seded by no motion, in the scale above stated, but the motion to table that to which it applies. Where the books say that when the main question is ordered, motions to postpone, com- mit and amend are cut off, they must be under- THE PREVIOUS QUESTION. 137 stood to mean that all further opportunity of making them is cut off. It should be remembered that the application of the previous question to any motion not de- batable nor amendable nor delayable, would be futile; hence it is no more in order when the question of consideration is pending than when the question of tabling is before the house. 120. To What the Call and Order Re- late.. When nothing is before the house but a resolution in the form in which it was first of- fered, and the question of its adoption is under consideration, the call for the previous question would relate only to that. When an amend- ment is pending, the call would include that; and the order, that the main question be now put, would bring on voting, first upon the amendment, and then upon its principal, unless the mover should confine his motion to the amendment. So, if a secondary amendment should be pending, it would be included also in the general order; but the previous question might be expressly confined to it by the mover. ■The order is exhausted whenever that to which it is applied and confined has been voted upon. It may be applied to, and confined to, and exhausted upon any motion subsidiary to the resolution,- except tabling and declining to consider the resolution. The mover ought to designate what he means the order to affect; whether one or more questions. ' It is generally understood, in assemblies, how the order is to be applied, when the chair pints the preliminary question, "Shall the main question be now put?" When the order relates to a series, voting 188 PARLIAMENTARY PRACTICE. should be had upon each question in suc- cession according to rank till the order be ex- hausted. 121. Ordering an Incidental Question. Such of the incidental questions as are debat- able and amendable are susceptible of having the previous question applied and confined to them, or to one of them, just as to other sub- sidiary .questions. Those not debatable or amendable or subject to any subsidiary motion, would not have their vote facilitated by such order: so, like the motion to table, they are ex- empt from its operation, and for the same reason. There is this peculiarity in subsidiary motions incidental to the principal question: they may be made after the order that the main question be now put; and, when made at such juncture, if they are incidental questions of order, they come under the operation of the previous question, though they could not have been con- templated or anticipated when the order was entered. The national House of Representatives have embodied this necessary law with their reg- ulations. Rule xvii, 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 previous question (that is, the call there- for, and the execution of the order when made), yields to a privileged main question, to a question of privilege, and to an incidental question, so as to be put in abeyance by any one of them; but it regains its position when such intervening question has been disposed of, and then goes on CALLING FOE VOTIXG OKDEES. 139 to perform its office with regard to the question or questions to which it applies. 122. Application to the Motion to Recon- sider. When a motion to reconsider is under consideration, and the previous question is moved thereon, the order is limited to that motion. If such motion is made with reference to a, question of amendment after vote has been taken under the operation of an order, it would be subject to the effect of the previously made order and would be therefore undebatable. For instance, pending an amendment to the prin- cipal question, the previous question is ordered; then the amendment is voted upon; then a motion is made to reconsider the vote on the amendment: the latter motion would be subject to the previously made order, and would be not debatable. If the principal question has been brought to vote under the operation of the previous question, the latter is then exhausted; and a motion thereafter to reconsider the vote would not be subject to the exhausted order, nor would the principal question be so if again resuscita- ted by the adoption of the motion to reconsider. II. Calling for Voting Orders when Sub- mitting a Resolution. 123. Nature of Sucli Calls for tlie Ques- tion on Kesolutions wlien offered. It is not uncommon for a member to offer a I'esolu- tion, and, at the same time, to call for the pre- vious question thereon or for the yeas and nays thereon. This is so usual that it can hardly be 140 PARLIAMENTARY PRACTICE. called unparliamentaiy at this lafe day. At first view it seems to be the making of two motions at once, and to be violative of the fundamental rule: One thing at a time. But are there competing motions? The member moves his resolution and then asks that it be voted upon immediately; or, he moves his reso- lution and then asks that it be voted upon by yeas and nays. There is no conflict: the re- quest as to the time or manner of voting upon it is not a rival motion. 124. Seconding- when the two Motions are made. It is better to use the word call with reference to the previous question and the yeas and nays. It differs from a motion in the following particulars: the call may be made before the simultaneously offered resolution has been seconded; it does not have to be voted upon'after the requisite number have joined in the ball; it always refers either to the time or method of voting upon the offered resolution. The offerer of th.e resolution need not await a seconder before calling for the previous question thereon, or for the yeas and nays thereon. The chair will not notice the call, unless the resolu- tion be seconded; then, after stating the ques- tion thereon, he will inquire, " Shall the main question be now put ? " or, if the method of voting be the subject of the call, " Shall the yeas and nays be ordered ?" Seconded by the majority, in the one case, or by one-fifth (if required) in the other, the requested time or manner of voting will be ordered. Other motions relative to voting, including that to reconsider, will be treated in the next two chapters. A.NAI,TSIS NO. 8. 141 ANAXYSIS No. 8. 330. What is a call for the previous ques- Previous tion? question. It is a call for ordering the vote on the ques- tion under consideration. 231. To what questions is the order con- fined? Debatable, amendable and delayable ques- tions. 232. Why is it not applied to others? Because they are brought to immediate vote without it. 233. Is it applicable to other than the To what main question? applied. It may be applied to the main question, or to that and its pending amendments: it maybe applied to an amendment, or to a debatable dilatory question, or to one of those together with some subsidiary question growing out of it, or it may include a series of questions. 234. When is the principal question ne- cessarily the only one meant when the pre- vious question is called for and the main ques- tion ordered? It is so when there are no intervening sub- sidiary questions. 235. May it be the only pne meant when there are amendatory motions pending? No; the latter are first brought to vote, and then the main one. 236. May the order, in such case, be con- fined to an amendment, Tes; but if that is meant the call should limit the order to It. 237. May the. previous question be con- fined to a dilatory motion. It may be confined to such motion. 238. How is the order for voting upon Seconding the main question made? "^^ "^^ A member calls for it. and the chair inquires, "Is the call seconded?" and, when seconded, 142 PAELIAMENTAEY PEACTICE. the chair announces, "The main question is ordered." 239. How many are necessary to second the call? A majority, including the mover; but more are required by special rule in some assemblies. EtEeet of 240. What is the effect of the order? the order. Further amendment, debate, and delay are cut off, and the question is immediately put. 241. Is the call in order when a question upon tabling is under consideration? Since such a question brings on immediate voting (though not on the principal question), the call would be not in order. 242. Is the call employed by the friends or the opponents of the measure to be voted upon? By either, since either may wish the meas- ure brought to the test. 243. Was it not formerly used exclusive- ly by the opponents of a measure? When the call, if refused, was fatal to the measure, they employed it exclusively; but now, under the practice which leaves the measure unimpaired upon a refusal to order an immediate vote, the use of the call is not thus limited. 244. What is now the effect of a refusal, by the majority, to second the call? The measure is left as it was before the in- effectual attempt. 245. Is this now the established practice? It is pretty generally established in this country; it is the better practice; and it is the rule of the U. S. House of Representatives. 246. Is it the rule of the Senate? That body does not emjiloy the previous question at all. 247. Does the lower house confine it to main questions? It applies the order to a single motion, to an amendment, or to a series of motions, as the case may be. Bank. 248. What is the rank of the motion for ANALYSIS NO. 8. 143 the provions question in relation to otiier sub- sidiary motions? Where all refer to the main question, its rank is below that to table, but above all the rest. 249. Would not the same relative rank be maintained if the competing subsidiaries re- ferred to something other than the main ques- . tion? Yes; with the explanation that the motion to table does not apply to dilatory and declin- atory motions. 250. How does this rank affect the order of questions? The motion or call for the previous question, with reference to the main question, cannot be made if the motion to lay upon the table is pending; nor can any oljher subsidiary mo- tion be made if the motion for the previous question is pending. 251. What is the effect if the motion for the previous question is made while dilatory motions are pending? It supersedes them in the order of voting. 252. What is its relation to amendatory motions? If first made, it forestalls them; if subse- quently made, it is submitted for seconding in advance of voting upon the amendments; if ordered, it brings them to vote: first, the amendment in the second degree, next the amendment in the first degree, and then the main motion as above stated. 253. May any subsidiary motion be ap- plied to the motion for the previous question? No; it cannot be tabled, postponed, com- mitted, amended, etc. 254. In the execution of the order for vot- Execution ing on questions, meaning a whole series, o* tl^e what is the process? ™ ®'^' All the questions are voted upon in succes- sion in the course in which they would have come up had not the previous question been moved. 144 PAELIAMBNTAET PEACTICB. 255. What, then, is the good of such or- der? The prevention of further debate, and of fur- ther complication by new motions. Form of 256. How should the chair submit the stating. call when reference is only to the main ques- tion? By inquiring, " Shall the main question be now put?" 257. When should this form be varied? When the question sought to be ordered to vote is not the principal one (though it may be the one immediately pending before the ques- tion upon the call) the inquiry should be " Shall the question upon the amendment (or whatever it is) be now put?'" and the plural should be used, if voting upon more questions than one is moved. 25§. Need it be in the plural when only the main question and pending amendments are meant? No; forthe latter are adherents of the for- mer, and the chair may specify only the main question: "Shall the main question be now put?" which would include the adhering amendments. 259. May the order be confined to any one of the amendatory, or declinatory, or dil- atory motions? Yes, to any one to which it is applicable at all; and the mover should, in such case, desig- nate the question which he would have voted upon, as " I move the previous question upon the amendment," etc. ; that is, he should desig- nate whether he means the question immedi- ately pending, or means to include a question or questions regularly following so as to con- stitute a series. Applicabil- 260. Is the order applicable to incidental ityto questions? mSsHor^ Only to such as are debatable, amendable, or delayable. 261. Why may not others be thus con- trolled? ANALYSIS XO. 8. "145 Because they are brought to immediate votp without such order. 262. Is an incidental motion permissible after the previous question has been called for with reference to an antecedent question? Yes; and it would supersede the submission of the call for seconding. 263. Would it be affected by the order? Yes; under such circumstances it would neither be amendable nor debatable, but must be voted upon at once, that the order may be executed with reference to the question to which it is applied. 264. May the order for the main question To privi- be applied to privileged main questions? legedmain Only to debatable, amendable or delayable question, onee; and, when applicable, it is governed by the same laws as when applied to ordinary main questions. 265. Does the order for the main ques- tion yield to privileged main questions, in- cluding questions of privilege? It yields, but regains its position when such an intervening question has been disposed of; and then it goes on to perform its office as though never put in abeyance. 266. May the motion to reconsider a To motion main question be controlled by an order forto/econ- immediate voting thereon? ®'^' It may; but the order would not extend to the question to be reconsidered. 267. Had it previously been applied to the latter, would it extend to a motion to re- consider, without being renewed? It would not, if previously applied to a main question; but it would, if previously ap- plied to an amendment that had been voted up- on under an order to bring the main question to vote. The previous question is exhausted when it has brought a main question to vote. 268. What is necessary to the taking of Call for the vote by yeas and nays? yeas and There must be a call for it, and the call ^'^^■ must be seconded by the requisite number. 10 146 rAELIAMBNTARY PRACTICE. Seconding"' 269. What is the requisite number? the call One-fifth, in Congress, is fixed by the con- stitution. In state legislatures the number varies, according to their respective rules. 270. What should be the number in the absence of rules? If a call is made, the vote should be taken by yeas and nays if no objection be inter- posed; but, where there is objection, a ma- jority is necessary to second the call. 271. What is the effect of the seconding? That completes the order; and the names of the voters in the affirmative should be en- tered; and also those in the negative. 272. Ought not the 'recording of the vot- ers' names be ordered upon demand of any member? Not if objected to ; for the reason that it is not important to business in a deliberative body that the journal should show by whom a measure has been carried or lost. If there are ulterior considerations favorable to the recording of the voters' names it should re- quire a majority to have the names recorded, except when a less number has been previous- ly fixed by rule. Call when 273. May a resolution be offered, and a making call for the yeas and nays thereon, or for the motion^ previous question, be made at the same time? It is common practice: the call not being a motion, in the sense of the rule that two mo- tions cannot be made at once. 274. May such call be made before the offered resolution has been seconded? It is in order to make it then, but in such case the seconding of the call must come after the seconding of the resolution. 275. Is not such practice exceptional? It is peculiar but not exceptional; for all motions contemplate ^ome vote upon them, while this, when accompanied with the call, merely designates immediate vote, or the manner of voting, as the case may be. ANALYSIS NO. 8. 147 276. Is it not violative of the rule, One thing at a time? That rule means one motion at a time; the call for the previous question, or for the yeaa , and nays, is not a proposition compel irig with the resolution offered simultaneously with it. But if the usage be deemed exceptional, it 1? well established in practice. CHAPTEK IX. Voting. Importance and Duty of Voting 125 Voting by Silent Assent. . . 126 By the Voice 127 By Division 128 By Yeas and Nays 129 % The Casting Vote 131 Majority Vote 132 Plurality 133 Two-thirds 334 Quorum 18l> I. Methods of Voting. 125. Importance and Duty of Voting'. When immediate voting has been ordered; or when, without an order, the members are all ready for the question, the next business is voting. It IS the most important business, since it is the consummation of the work of a delib- erative body. It is especially important when main questions are thus brought to decision; for, though minor ones may be of great influ- ence, the errors made in voting upon them may be corrected in a degree by the final vote. Courts, when litigation arises with regard to the passage of a measure, will look to see whether it has been legally adopted in regular order, rather than to the previous disposition of subsidiary questions and rulings on points of. order, though such minor matters will always be investigated if the issue of the case require it. To ascertain the will of the members of an assembly, different methods of voting have been devised, and have long had the sanction of [148] METHODS OF TOTING. 149 established practice. Some of these are very simple, while others are attended with more for- mality because the exigencies of the case re- quire it. All the members present should vote, unless excused. All must be open to conviction to the very moment of voting; but the practice of " pairing " is so far countenanced in the TJ. S. House of Representatives as to be regulated by rule. 126. Silent Assent. There are several dif- ferent methods of voting: (1) By silent assent; (2) By voices; (3) By showing hands; (4) By division; (5) By roll-call or by yeas and nays ; (6) By ballot. Voting by silent assent is when the chair in- quires, after stating the motion, " Are there any objections ? " If none are interposed, the vote is deemed unanimous. Even without a motion, in som.e cases, the chair may thus inquire; for instance, after the minutes have been read, the Inquiry may be made whether they are approved. In case of a dissentient voice, the chair cannot declare the motion adopted or the minutes ap- proved, but there must be a vote taken that the majority may decide. If the matter is one which requires unanimous consent, one objector renders voting unnecessary. 127. Voice. Voting by voices is done by the taking of the affirmative vote first, and then the negative. The chair says: "Those in favor of the motion, say aye ; " or, " As many as are of opinion that " [stating the proposition] " say aye ; " or any similar form may be used. After the affirmative vote has been taken., the chair says, " Those opposed to the motion, say no ; " 150 rARLIAMENTAEY PEACTICE. or, "Those of contrary mind, say no ; " or "As many," etc., or similar form of words. This method of voting is not confined to reso- lutions, orders, bills, etc., but is sometimes em- ployed in the election of officers when there is but one candidate and when voting by ballot is not required by special rules or by the nature of the case. When thus employed, it retains its character as when used in the decision of a measure; the negative side of the question should always be put as well as the affirmative; the process is nothing more than voting viva voce upon a single candidate in the same way as on a resolution. Moving that a candidate be " elected by ac- clamation " requires some notice. A friend of a nominee makes such a motion by way of com- plimenting him and giving him an air of popu- larity. When other candidates have not all been withdrawn, such a motion would be out of order, because in derogation of the rights of the friends of such other candidates. When all have been withdrawn, or when none have been nomi- nated but the subject of the subsequent motion, would the motion be in order ? Not if the rules require balloting. Not if, in the nature of the case, the secret ballot is the right of the mem- bers who may choose to defeat the candidate though he have no competitor. When it would be in order to move that a stated person is elected, it yet might not be in order to have him elected hy a shout, for that is what " accla- mation " means. The motion " that the candi- date be elected by acclamation " literally pro- poses nothing more than to, fix the method by which he shall be elected, though the mover METHODS OF TOTING. 151 may mean to elect him by the adoption of such motion. The proper form -would be to move " that the meeting proceed to vote viva voce on the nomination," if no rules obstruct. Voting by a shout is unseemly in a deliberative body. " Acclamation " is not a method of voting known to parliamentary law. It is often moved to elect by acclamation under such circumstances that the chairman, if he chooses to aid the mover by suggesting that the evident meaning is to vote viva voce in the usual form of such voting, may relieve it of objection; but it is usually out of order, because either violative of a rule requir- ing balloting in a particular society, or of the rights of other candidates, and the privileges of members who wish to preserve the right of the secret ballot to be cast against the candi- date or not at pleasure. It is never in order when more candidates than one have been duly nominated and not withdrawn. Voting by showing hands differs in method from the manner last mentioned only by the chair substituting, in putting the question, the words " Raise your hands," for " Say Aye " and " Say ^o." Members respond first in the affirm- ative and then in the negative, and the result is ascertained by counting the uplifted hands. 12§. Division. Voting by division is not usually resorted to, unless there is doubt of the result after voting by one of the above men- tioned methods. The chair, if uncertain, may order a division; or any member may call for it, in case of doubt, provided he call at once, be- fore other business shall have intervened. If no response whatever was made by the nega- tive side when the vote was first taken, or if 152 PARLIAMENT AKT PEACTICE. none was made by the affirmative side, division cannot be claimed as a matter of right. In voting, first those on the affirmative side are called upon to rise; after that, the negative; or both sides may vote at once by separating to different parts of the hall, if that is the method desired, and if that is called for by the chair. Tellers may be appointed by the chair to assist in the count. Sometimes the members are re- quired to pass by the tellers, and thus each party indicates its mind. 129. Yeas and Ifays. Voting by roll-call, or by yeas and nays as it is called, is by this method: The clerk calls the roll and the mem- bers, previously directed by the chair, answer yea or nay as their names are called. The constitution of the United States (Art. I, 5 (3), requires a fifth of the members present, of either house of Congress, for ordering the entry of the members' names upon the journal with the vote of each, whether yea or nay. But in all cases of voting upon a vetoed bill, such entry must be made (Art. I, 7 (2) without being ordered. In some of the State legislatures, five mem- bers are sufficient to second the call for yeas and nays; in others, three; in all, where there is any rule, less than a majority may second. And there is reason for this; for the minority may justly wish to have the names of the voters re- corded. If, in any deliberative assembly which has no special rule upon this subject, a single member should ask the yea^s and nays, they ought to be ordered if no objection be interposed after having been called for. Where there is objec- tion, it would seem that a majority must be METHODS OP VOTIXG\ l53 obtained for making the order for the entry of the names upon the journal, since such record- ing is out of the usual course. Sometimes, where a resolution is submitted, there is a call for the yeas and nays made at the same time. For the treatment of this usage, see the concluding sections of the preceding chapter. 130. Ballot. Voting by ballot is not ordin- arily resorted to in deliberative bodies, except for the election of officers, which is done by putting names into a box. Societies some- times use white and black balls in voting upon the admission of proposed members. The duty of balloting cannot be delegated to the clerk or to any one, except where different delegations are required to vote as a unit. In such case, some one must be appointed to cast the vote. Where delegations from different States must each cast the vote of the State rep- resented; or delegations from different counties in a State convention are voting by counties, there must be some one to cast the vote, or rather, the result of the delegation's vote, in each instance. But in a society where each member is an in- dependent voter, representing himself only, it is not in order for a motion to be made that the secretary be instructed to cast the entire ballot of the society. A motion of the kind, when adopted, gives no legality to the ballot thus cast by proxy. The very object of the ballot is that the vote shall be secret; and any member may desire to cast his vote against the candidate for whom the society directs, by majority, that the whole 164 paeliamejsttaey practice. vote shall be cast by the secretary. It is said that if any oiie objects, the balloting cannot be thus delegated; but no one should be placed in a position where his right tq vote secretly would be denied. No one should be obliged to ob- ject. Whenever vote by ballot is required by law, by the charter of a corporation, by the consti- tution or by-laws of a society, it must be so conducted as to. allow every member to cast a secret ballot, or the result will be tainted with illegality. It is in no case valid for a majority or even a unanimous vote to evade such aTe- quirement. Motions for the secretary or any one to cast the ballot of all at once are not only always out of order, but always illegal and sub- versive of the object and intent of the ballot. 131. The Casting- Vote. The casting vote cannot be given by the presiding officer if he has already voted as a member of the body; but if he has not, he may vote as a member before the result is announced, as any other member may do when coming in at such time, or when he has been delayed by ■ any cause beyond his control. When the president is not a member of the body, he cannot vote in case of a tie since he is not a voter at all; the only exceptions being where, as presiding officer of a legal body, he is authorized by statute or by the constitu- tion of a State, or by that of the United States, to give the casting vote in case of a tie. Lieuten- ant Governors of States, though not members of the bodies over which they preside, may be thus authorized. The Vice-President of the United States is not a senator, and therefore cannot vote ordinarily, but he gives the casting vote PRINCIPLES OF TOTING. 155 when there is a tie in the Senate, by authority of the constitution of the United States. Members may change their votes (unless the voting is by ballot), at any time before the chair has announced the result. No one can vote in the United States Senate' after yeas and nays have been called and decision has been an- nounced thei'eon; but by unanimous consent, a senator may change or withdraw his vote. II. Principles of Voting. 132. Majority. In voting, the majority pre- vails. That is the common-law requirement. Modifications by societies and legislatures are so common, that the usual ones will be carefully considered. Without special rules, however, it takes a majority to pass any thing or defeat any thing, or to make any subsidiary ruling; and it takes no more. And the reason is that, as de- liberative bodies exist to think and conclude, the deliberation and decision is not that of such a body, but of less, if a majority do not agree. And on the other hand, if a majority agree, that is an agreement by the body, since the minority must have assented that the majority should govern by the very act of coming into the as- sembly. And the reason is S0 plain that one would be apt to conclude that never less than a majority could be authorized to decide upon any thing, and that never more than that could be required for decision; yet it is common to allow a mere plurality to rule in some things and to' require two-thirds in other matters. 133. Plurality. Elections are frequently by 156 PARLIAMENTAKY TEACTICE. a plurality; and yet sometimes a two-thirds vote is required, as in the democratic conventions for nominating candidates for the presidency and vice-presidency of the United States; but in all such cases there must have been a previous authorization of this by the majority, or a sub- sequent ratification, or both. An officer, elected by a mere plurality vote of an assembly, usually has the election ratified afterwards by the ma- jority. This would be necessary to its legality should such election be by a corporation, the charter of which required the election of officers without modifying the common law by permit- ting a mere plurality of members (which might or might not be the majority), to make choice of officers. The practice of moving "that the election be made unanimous," is so absurd as to need no comment. It is however necessary that the majority should agree, in some form, that one who has received a plurality is elected (if he is meant to be chosen, owing to tacit consent of the members not previously embodied into a resolution or order); but that nothing can be unanimous while one is opposed to it, is a tru- ism; and a resolution in this form, "Resolved, That the election of is unanimous," would be false, though adopted by a majority, if there should be a min(yity voting against it. Less than a majority can never decide ques- tions upon bills, resolutions, orders, etc., whether they be main or subsidiary. 134. Two-thirds. The two-thirds rule has so often been adopted, and so long used, by many deliberative bodies, in cases below men- tioned, by special regulations, that it is now PEIXgiPLES OF VOTING. 157 contended by some persons that it is a rule of parliamentary law. It has been frequently ap- plied to voting upon: (1) ordering the previous question; (2) limiting or closing debate; (3) declining to consider a question; (4) making a special order; (5) taking up a question out of the regular order; (6) amending the rules; (7) suspending the rules. All these questions involve something out of the ordinary course of business; and the two- thirds vote may be necessary to protect the minority from the overbearing of the majority. The requirement of so large a vote may be said to be unjust to the majority whose will ought to be respected; but it should be borne in mind that the special rule which requires so great a vote in the specified cases, must have been put to the question and adopted by a majority, prior to its operation upon other questions. Legislative and other assemblies are not all agreed with respect to the voting rule regarding all or any of the foregoing specifications. In the absence of a special rule, a majority would be suflicient for passing any motion in any deliberative body. A majority is all that is necessary for limiting or closing debate, as a general rule; and any modification of it must be by special regula- tion. A special order may be made by a majority, by general parliamentary law; but when an order has been made, how can it be disturbed, either by a majority or more, without its recon- sideration ? It is found convenient however, in legislative and other continuous assemblies (especially in such as are composed of two houses), to adopt rules for taking up ques- 158 PAELIAMENTARY PEACTICE. tions ovit of the regular order, and a two-thirds vote for the purpose is usually required by them. Amending or repealing the rules is within the power of a majority, on general pi-inciples, while suspending them is not allowable at all except under a special authorization. So long . as they are rules they must govern; but they may be amended or repealed by the power that made them. For convenience' sake, however, it is frequently the case that assemblies reserve the right to suspend rules temporarily, upon a vote of two-thirds. But it cannot be truly said that this has grown into law by usage. 135. Quorum. A quorum is a majority pf the members. It is never less under the com- mon law of parliamentary procedure. Unless more than half of the members of any body are present, the body is not present. When more than half are present, the body is complete, and is as though all the members were present. If less than half could do business, it would be possible for deliberative bodies to be divided into two or more assemblies, each capable of doing business, and each liable to adopt mea- sures contrary to those adopted by some other section. Where less than a majority may com- pose a quorum by special authorization, it is necessary to guard against the formation of dif- ferent sections from the one body with liability to counter action, by making the time and place of meeting absolute, or requiring the presence of the regularly elected officers as an essential to the transaction of business. It is usually found convenient for societies meeting weekly or monthly or at like stated intervals, to PBINCIPLKS OF VOTIXG. 159 fix upon a number below the majority of the whole as a quorum. Legislative bodies, in this country, do not modify the common law require- ment. The constitution of the United States in- hibits both houses of Congress from any modifica- tion of it. In the British House of Lords, a quo- rum consists of three members, who may do business; but it cannot be done elsewhere than in their proper chamber in the parliament house, > arid only at the fixed time. In voting, a majority of a quorum is requisite. While debate may go on without a quorum after the session of the day has been commenced with the requisite number of members present, voting cannot. Even debate would have to cease, should the fact, that the quorum had been broken, be brought to the knowledge of the chair by a call of the house. Less than a quorum may validly vote upon a motion to adjourn; and if such motion should be lost, the chair may adjourn the body, unless the members present, in a legislative body, choose to exercise the right o3 compelling the attendance of any absentees, which they may do under special authorization. ANALYSIS No. 9. fi77. When do members vote? Voting. When they are ready for the question. 27§. What are the methods of voting? By silent assent, by voices, by showing hands or rising, by division, by roll-call and by ballot. 279. What is silent assent? SUent When the chair states a question, inquires *^s®''''- 160 PARLIAMENTARY PRACTICE. Showing hands. Division. whether there are objections, yet receives no response. Viva voce. 2§0. What is voting by voices? It is when the members voting affirmatively respond "aye," and those voting negatively respond "no," at the request of the chair. 2S1. "What is voting by showing hands? Raising a hand at the chair's request, instead of responding by voice. asa. What is voting by division?- The rising of the affirmative voters first; then, of the negative: a method usually em- ployed when previous voting has created doubt. 283. At what stage may a division be called for? After voting by one of the other methods just explained, and before the final division thereon. 2§4. What is voting by roll-call? The clerk calls the roll and the members respond yea or nay as their names are an- nounced, for the purpose of having their votes recorded as well as for deciding the question. 285. What is voting by ballot? Secret voting by depositing tickets in a box. 286. , When is this method usually em- ployed? In the election of officers. 287. May balloting be delegated? No, except when a delegation has been instructed to vdte as a unit; tlien one of their number may be selected by the others to cast the ballot. 288. May not the secretary of a society be authorized to cast the ballots of all the members? Certainly not; that would be a perversion of the method. 289. May single ballots be cast by proxy? No; except that delegates to an assembly are sometimes allowed to appoint their own substitutes ; and, by special rules, any volun- Eoll-call. Ballot. ANAiTSIS NO. 0. 161 tary assembly might allow proxy voting. In private corporations persons are often, by power of attorney, authorized to vote for stockholders. 290. In case of a tie, under any method Tie. of voting, what is the result? The decision is deemed to be in the nega- tive. 291. Has the presiding officer the casting Casting vote? Tote- No. If a member, he should vote with the rest; if not, he has no right to vote at all. 292. Does not the President of the U. S. Senate have the casting vote? Yes ; but the power is conferred upon him by the constitution. 293. Does not the Speaker of the other house have the casting vote? Only in case he should withhold his vote, as a representative of his District, at the time the other members were voting. Which he may do under the special rules. 294. May a member change his vote? Cihanging Yes; provided final decision has not been^°*®- announced, unless the vote was by ballot. 295. May he never do so afterwards? By special rule, in the U. S. Senate, a sena- tor may change or withdraw his vote after yeas and nays have been called and decision rendered, though it requires unanimous con- sent; and even that will not enable a belated member to cast his vote. 2'96. What is necessary to the adoption Majority, of a motion? A majority vote; because a deliberative body, existing to think and conclude, does not conclude favorably to a thing unless more than half favor it. 297. Are there no exceptions? Excep- Many, by special rules. Elections are fre- ^o'^- quently by plurality, though two-thirds are sometimes required. The latter vote is fre- quently required in ordering the previous question, closing or limiting debate, declining 11 162 PAKLIAMENTAEY PBACTICE. to entertain a question, making a special ordei', taking up a special order out of time, amending the rules, suspending the rules, etc. 298. When the election of an officer is by plurality, is it not often made unanimous by motion? Such motion is absurd; it cannot change the ballot; it is always out of order; and, if in order, one dissenting voice would demon- strate its falsity. 299. Is there then no way by which a plurality election may be approved by a majority? The way is by a resolution declaring the election. CHAPTER X. Becousideration. How Employed 136 When in Order 137 Practice in Congress 138 Suspensive Effect 139 Relation of Subsidiary Mo- tions to the Motion to Ke- oonsider 140 I. When and by Whom Eeoonsideration May he Moved. 136. How Employed. The general rule is that when a proposition has been adopted it must stand; and to this rule there was formerly no exception. Now, however, the retaking of the vote upon most questions can be accom- plished by the passage of a motion so ordering; and the practice is so general in deliberative bodies in this country, that it may be said to have grown into common law, so as not to be dependent upon authorization by special rule. The House of Representatives complied with the usage before adopting any regulation upon the "subject, and the practice prevailed in the Congress of the Confederation. The Senate of the United States, as well as the co-ordinate branch of Congress, and the houses of the State legislatures resort to this method, providing for it in their rules, though generally not partieu- la^rizing its various ramifications, but leaving those to the general law established by the usage of deliberative bodies. The practice is sanctioned by parliamentary law in this country 163 16i PAELIAIIENTAEY PEACTICE. none the less because the British Parliament does not observe it. The motion must be made by one who fii'st voted with the successful party, that there may be some indication of a change of sentiment. TVcra the motion in order wheu made by one of the defeated party, the likelihood is that busi- ness would be impeded without any correspond- ing good result; for the presumption is that the sentiments of the members remain unchanged. The reason for allowing a majority voter to- move revoting is in the fact that the better decision of the assembly — the " sober second thought " of the members — is thus obtained when there has been change of sentiment. It is not the whim of the moment, but the deliberative judg- ment of a body of men, that is sought. 137. When in Order. The motion must be made within time, for the reason that there must be an end to legislative or other delibera- tive work, and right of reconsideration must not be so exercised as to hinder and even pre- vent consummation. The time varies according to the character of the question to be considered. If the question on an amendment of the second degree is to be retaken, it must necessarily be before the vote on the amendment of the first degree has been taken. So, a member, who has voted success- fully to have an amendment of the first degree adopted or rejected, can move to reconsider before the adoption or rejection of the principal question; but not afterwards, unless the vote npon the principal question has been first recon- sidered. Then the amendment may also be re- MOVING FOE EECONSIDBEATIOIT. 165 considered; and if a primary amendment be thus reopened, a secondary one may thea be reconsidered. After this, the voting must pro- ■ceed in the reverse order: first on the secondary, next on the primary amendment, and then on the principal question. Dilatory motions cannot be reconsidered after having been lost and the principal motion adopted, unless the latter question be reopened. This is true of all lost subsidiary motions. A vote once reconsidered cannot be reopened again. Legislative bodies limit the time within which reconsideration may be moved, and allow the motion therefor to be entered by the clerk within the limited time to be called up there- after when in order. The motion for reconsideration is debatable when that to which it applies was so. The pre- vious question may be called upon a debatable motion to reconsider. The motion to table may be applied to the motion to reconsider, and it is very frequently so applied in the proceedings of Congress; but the tabling of the motion does not work the tabling also of the matter sought to be reconsidered. If the previous question has been called, and the main question ordered, the ordering may be reconsidered if not yet executed; but if executed by the taking of the vote on the main question, the motion to reconsider the ordering would be too late. Whatever is beyond reversal is beyond reconsideration. , ISS. Practice in Congress. The houses of Congress differ with each other somewhat in their provisions on the limit to reconsideration. 1G6 rARLTAMENTAEY PRACTICE. The Senate allows the motion to reconsider to be entered by one of the successful party, on the day of the first vote or within two days of actual session thereafter; and allows such motion, though the bill, resolution, etc., sought to be re- considered, may have gone in due course to the other house; requiring however, that there shall be an accompanying motion to request the re- turn of such bill, etc. The latter motion must be brought to immediate vote without debate; and if lost, its loss is " held to be a final disposi- tion of the motion to reconsider." If a motion to reconsider be lost, or if carried and then the first decision of the reconsidered question be re- affirmed, it cannot be renewed but by unani- mous consent. Motions to reconsider subsidiary questions " shall be decided at once." Any mo- tion to reconsider may be tabled without taking with it the question to which it refers; and it cannot be afterwards taken up from the table. (Standing Rules, IT. S. Senate, Nos. 20, 21.) The other house confines the time for enter- ing the motion to the same and the succeeding day of the first vote; ranks it above all others except motions for the consideration of a con- ference report, for fixing time for the next meet- ing, for adjournment and for recess; forbids its withdrawal after the two days without permit; allows any member to call it up thereafter, and requires immediate action on such motion if made during the last six days of a session. No bill, resolution, etc., referred to a committee, or reported therefrom, for printing and recommit- ment, can be brought back into the house on a motion to reconsider. (Rule xviii, House of Representatives.) OFFICE, ETC., OF MOTION TO EEC0N8IDEE. 167 II. Office and Eank of the Motion to Beconsider. 139. Suspensive Effect. The motion to re- consider is subsidiary and suspensive; it sus- pends the execution of the resolution or order to which it applies until it . is itself brought to vote, unless it has been tabled. To this law- there is the exception that the suspension is not beyond the general session of an assembly hold- ing daily meetings. When the meetings are ■weekly or monthly, the suspension is to the close of the next meeting. A motion for the reconsideration of the ques- tion of indefinite postponement after it has been carried, suspends action as stated generally in the above "Jiaragraph; but if the question of in- definite postponement has been lost, a motion to reconsider it must be acted upon before the ques- tion sought to be postponed has been brought to vote, and before some subsidiary motion of higher preference has intervened. The adoption of the motion to reconsider re- stores the question to which it applies to its former position. If debatable before, it is so now, unless debate was cut off by^the operation of an order for the previous question. If it is a principal question upon which the order was exhausted, debate may be resumed. 140, Relation of Subsidiary Motions to the Motion to Reconsider. The motion to reconsider cannot be amended, because it is already in its simplest form; it cannot be re- ferred to a committee, nor indefinitely post- 168 PAELIAMENTAKY PEACTICB. poned, because the application of such motions to it as subsidiary would result in useless en- tanglement, would delay business, and would subsei-ve no good purpose. It may be postponed to a given time, or laid upon the table. The motion to reconsider', and the motion to lay that motion on the table may both be made at once. Such is the common practice in the House of Representatives of the United States and other legislative bodies. It is of daily and almost hourly occurrence. It seems exceptional to the rule, " One thing at a time;" but it is so generally sanctioned by usage, and so convenient, that legislators are likely to continue the practice. The motion to reconsider yields to privileged and incidental questions and questions of privi- lege. The main question, after having been voted upon under the operation of the previous ques- tion, may be subjected to the motion to recon- sider it; and the latter motion would not come under the influence of the previous question so far as to become undebatable. But,, if the order is supplied to a series, and an amendment has been voted upon, but the previous question has not been exhausted, a motion to reconsider the amendatory question would be undebatable. Much latitude is given to debate on a question of reconsideration, unless the one sought to be reconsidered was undebatable. The motion to reconsider has been entertained in the U. S. House of Representatives when it related to " the several votes taken." ANALYSIS NO. 10. 169 ANAIiYSIS No. 10. 300. May a vote be reconsidered after de- Eeconsid- cision announced? eration. That is now allowed in practice. 301. How is reconsideration eifected? By motion offered by one belonging to the party successful on the former vote. 302. Why is the right to move reconsid- eration denied to the defeated party? Because a motion coming from that source would not indicate any cliange of the general sentiment already expressed. 303. Within' what time must such mo- When tion be made? moved. Necessarily before other votes have rendered it impracticable ; as when a main question has been adopted, tlie vote upon an amendment thereto cannot be reached for reconsideration; nor that upon any subsidiaiy motion thus put beyond action . 304. But may not vote on the main ques- tion be reconsidered? Yes; and then it is possible to reach the sub- sidiaries. 303. Are all of the subsidiaries liable to Eeconsid- be reconsidered, if the motion therefor l>ef™artes made at the proper time? If the members have decided to table a mo- tion, it is easier to take it up than to recon- sider the vote on the tabling. So, if they have decided to take up, it is easier to lay on the table than to reconsider the vote on taking up. 306. May a vote to adjourn be reconsid- Eeoonsid- ered? eringother If carried, the adjournment is declared, and ™° '°"^' the members disperse; if lost, it is easier to renew than to reconsider: so the motion can not be reconsidered. 307. May a vote to suspend rules be re- considered? 170 PAELIAMENTAEY PRACTICE. By special rule, sucb reconsideration is gen- erally inhibited. Limitation 308. Is there a limit to motions .for recon- sideration, with respect to the time within which they may be made? They are usually limited to the day of the voting and the following day; and the prac- tice, in this respect, has been pretty general. In such case, the motion is allowed to be filed with the clerk, though it should be made in open session if the floor can be obtained. 309. Is there a limit with respect to the number of sucli motions? A vote once reconsidered cannot be sub- jected a second time to a motion to reconsider it. 310. JTay the motion be amended? No; because it is already in the simplest form. 311. Is it debatable? It takes the character of the question pro- posed to be reconsidered, with regard to de- batability/. 31 2f. When debatable, may it be pre-ques- tioned? Yes. 313. Should the motion for reconsidera- tion then be tabled, what would be the eflfect? The motion to pre-question would go to the table with it and leave the vote unaffected which was sought to be reconsidered. 314. Should the vote go into effect before the tabled motion to reconsider be taken up, what would become of the latter? It would be rendered futile, and would be abandoned. 315. May the ordering of the previous question, upon a main or other motion, or up- on a series, be reconsidered? It may, if the order has not been executed. 316. Does not the motion to reconsider suspend the execution of that which is pro- posed to be reconsidered? Yes, till it is itself brought to vote or other- Amend ment. Debate. Previous question. Suspen- sion. ANALYSIS KO. 10. 171 ■wise disposed of; provided, however, that tlie suspension cannot be beyond the genernl ses- sion; nor beyond the next sitting, if the meet- ings are weekly, or monthljP. 317. What is the effect of the adoption of a motion to reconsider? It restores the revived question to its former condition. 31 §, May a motion to reconsider and one Keconsid- to table that motion be made at once? ering and Some bodies allow such practice; it is com-*^ ^^' mon in Congress. 319. What is the effect when privileged Competi- and incidental questions compete with that of *^°''- reconsideration ? The latter yields. 320. May not a motion to reconsider a Entering vote be offered when some other and different Se^^„j°al question is under consideration? Such motion is allowed to be written and filed with the sewetary or clerk for entry, while another is under consideration, though it cannot properly be offered till it may be moved in order, unless by previous authoiizn- tion. 321. Is not such the practice in both houses of Congress? Both have special rules allowing such. flUng within a given time. CHAPTER XI. Privileged Main Motions. "What are Motions of Ne- cessity 141 When Fixing the Time to which to Adjourn, is Necessary 143 When Mxing the Place is so 143 When Neither are Urgent, 144 When Motion to Adjourn is in Order 145 Not Debatable, in its Sim- ple Form 146 Declaring Adjournment... 147 Adjournment by the Chair, 148 Eemedy for Abuse 149 Motion to Adopt Minutes Privileged 150 Expimging, Postponing, etc 151 Procedure After the Dis- position of Privileged Questions 15a What are Questions of Privilege 153 Kanlc 154 Loss of Privilege 155 I. Motions of ITecessity. 141. What are Motions of Necessity. Some business matters are privileged above others from the necessity of the case. They put in abeyance whatever is under consideration, and secure immediate attention. It would be difficult, if not impossible, to specify all the propositions which may properly be presented by privileged main motions; but they may be generally characterized, and som^e of those most frequently arising may be particularized. It may be stated, however, of this class as a whole, that no main motion is privileged so highly as to supplant all other business under considera- tion, if its immediate consideration is not abso- lutely necessary; if it could, without injury, abide its time for presentation when there would be nothing else pending. [IV21 MOTIONS OF NECESSITY. 173 Necessity is the touchstone by which any main motion's quality of privilege is to be tested. And as some motions of this class are of greater urgency than others, the rank among them- selves is determined by their different degrees of necessity. The most urgent are the most highly privi- leged. Action may be essential, yet not immediately indispensable. In illustration, this state of things would give rise to necessary motions: Suppose all the officers of an assembly should simultaneously vacate their positions during a session; it would immediately become a matter of necessity that all pending business be stayed until a president and secretary should be chosen. Motions for the selection of such officers pro tempore would be privileged, from the necessity of the case. Such motions, however, would not be of the greatest urgency; and they would not supersede a pending motion to adjourn, since some member might put the question on adjourn- ment, and the reorganization might be effected on the following day. 142. "When Fixing tlie Day to Wliich to Adjourn is Urgent. A case giving rise to a motion of the greatest importance, is jDresented ■when there is a motion for adjournment pend- ing, yet no appointment of the next meeting has been made. A motion to fix the day to which to adjourn, made at that late stage, is one of necessity, since it is of the highest importance that the dissolution of the assembly should not be effected when the members do not mean to adjourn sine die. Such motion, made at that juncture, would be in order, would supersede the 174 PAELIAMENXAEY PBACTICE. less privileged motion to adjourn, would be im- mediately brouglit to vote without amendment or debate, and would then be followed by the putting of the motion to adjourn. Even when the latter has already been put, the urgency might be so great as to justify the entertaining of the more necessary motion, before adjourn- ment has been declared by the chair. It is quite common in Congress and other legislative assemblies for business to be done by general consent, after a motion to adjourn, and before adjournment declared. It consists mostly of granting leave of absence to mem- bers. But when the appointment of the next meeting is urgent, the motion therefor is not dependent upon general consent for its validity, though made at this late stage. 143. When Fixing tlie Place of Next Meeting' is Urgent. The fixing of the place of the next meeting iSay, under certain circum- stances, be a matter of equal urgency. If an assembly cannot have the use of the hall in which it is sitting beyond the day's session, and a motion to adjourn is' pending when no provision for reassembling elsewhere has been previously made, the necessity of designating a place would be so urgent that a motion supply- ing the want would supersede that to adjourn, and be first decided, without debate or amend- ment, to be followed by the disposition of the motion to adjourn, as in the first mentioned case. Neither the motion to appoint the time, nor that to appoint the place, is of such urgent ne- cessity when made in due course of business while adjournment without such appointmenti» MOTIONS OP NECESSITY. 175 is not imminent. Ordinarily, such matters when not urgent are both amendable and debatable, though not subject to dilatory subsidiaries for the reason that were they tabled, committed or postponed to another day, their object would be thwarted. They might be deferred to a later hour of the same day, without embarrassment, if a motion to adjourn should not be made be- fore that hour. Should such brief jjostpone- raent ever be ordered, and adjournment . be moved before the set time for considering ^ the appointment of the next meeting, it would be- come imperative that the time be anticipated, and the vote upon such appointment taken be- fore the vote upon adjournment. 144. "When neither Time nor Place is Urgent. Motions to appoint the time or place to which to adjourn are not privileged at all, but are mere ordinary main motions, except when made under the circumstances above in- dicated. A change of place when the assembly has the privilege of continuing where it is, or a change of time of remeeting when there is already proper provision for meeting daily at a given hour, is not a matter of urgency or ne- cessity. A motion therefor would not be privi- leged, unless some rule should make it so for any particular body adopting it. The U. S. House of Representatives has such a rule with regard to the appointment of the time of re- meeting. Rule xvi, 4, ranks the motion " to fix the day to which the House shall adjourn " above that to adjourn. The rule stands unquali- fied and invariable. It makes no distinction, whether such motion be urgent or not. Were the house to follow this rule in practice, in its 176 PAKLIAMBNTAKT PEACTICB. literal meaning, it might prove troublesome in the hands of tacticians bent upon obstructing business. That rule further prescribes, (5) : " A motion to fix the day to which the House shall adjourn, a motion to adjourn and to take a recess shall always be in order ;" but how could either of the latter two be in order, should the first he pending, without violating the pre- ceding section of the rule ? Constructed to- gether, the two sections may not mislead; but those who hold that the House of Representa- tives makes parliamentary law for all the de- liberative bodies of the country, must see that there is reason against the making of the mo- tion to appoint the time of the next meeting invariably ui-gent and invariably in order. The Senate places the motion " to adjourn to a day certain, or that when the Senate adjourn it shall be to a certain day," below the simple motion to adjourn, but above that to proceed to executive business or that to table, and makes it undebatable. [R. 43.] II. Adjournment. 145. When Motion to Adjourn is in Or- der. Adjournment of a day's session may be moved whenever a member can get the floor, unless the assembly has just decided against it, or has already fixed the time when the chair must adjourn the bodyj or is considering the appointment of the time or place of the next meeting when urgent, or is engaged in voting, or when a member is speaking. Only one mo- tion to adjourn can be made pending a motion ADJOUENMEXT. 177 to suspend the rules. The motion to adjourn should not be abused to hinder business when the body has repeatedly refused to adjourn, even though some other matter may have intervened; for its repetition may become troublesome, and may even justify the chair in treating the mo- tion as frivolous, and ruling it out of order. The assembly can readily correct any error of ruling with regard to this point (as any other) by appeal; so that if the majority choose to adjourn, they can do so at any time without any possible hindrance arising from such ruling. As a general rule, however, the motion is always renewable after some other business has inter- vened. The reason why, as a general rule, the motion to adjourn is in order whenever made by any member having the floor, is that a deliberative body should not be kept in session against its will, because, if so restrained there could not be free deliberation and discussion. 146. Not Debatable In its Simple Form. The simple question of adjournment is not debatable, nor subject to any subsidiary motion. The reason is that if the members choose to ad- journ, they should be allowed to do so at once. Besides, were the motion debatable, and amend- able, and liable to the operation of subsidiary motions, much of the time of a deliberative body might be frittered away by the frequent repetition of the motion to adjourn, with all such concomitants, so that it would be in the power of a small minority seriously to impede the business of the assembly. If, however, the motion be not simple, but an ingredient of a compound; if the offered reso- 13 178 PAKLIAMENTAET PRACTICE. lution be that the meeting do now adjourn to Monday next, or that it do now adjourn sine die, it would he susceptible of division; and if divided, the latter proposition would be first in order, and debatable; or, if not divided, the resolution as a whole would be debatable. It would be neither divisible nor debatable if the assembly had previously resolved that when it adjourn, it shall adjourn to Monday, or adjourn without day; but, in such case, the latter part of the above supposed resolution would be sur- plusage. 147. Declaring Adjournnient. When the question of adjournment has been voted upon, the chairman, in pronouncing the result, should first say (as in all similar cases), " The ayes seem to have it," or " The noes seem to have it," as the case may be; or "The question seems to be decided in the affirmative," or " The question seems to be decided in the negative," as the case may be; or some other equivalent expression. This is important at this juncture, since, if such opportunity be not afforded the members for calling a division or other corrective, all remedy would be cut off in case the chair should be mistaken upon the result of the vote. Then he should announce the decision, if no division or other test be called for. When such decision is announced, the members should all still retain their seats, till the chair shall have declared the assembly adjourned. It is even possible as before remarked, after the question of adjournment has been voted upon, for an urgent privileged motion to be made; such, for instance, as one fixing the time for the next meeting when it is matter of abso- ADJOTTENMENT. 179 lute necessity. And such a highly privileged motion may give rise to some further proceed- ings; such as appeals from decisions ''of the chair on points of order concerning such neces- sary proceedings. When such privileged mat- ters have been disposed of, the decision upon the question of adjournment, which has thus been held in abeyance, must be announced by the chair; and if in the affirmative, in due order, the assembly must be declared adjourned. It may be that, because of the intervening privileged business, some members have changed their minds concerning adjournment; and be- foue the decision upon the vote has been an- nounced, they have the right to reverse their votes even at this late stage. So the motion to adjourn may be decided differently from what would have been tlie result had the vote been declared as first cast before the intervention of the more privileged question upon fixing the . time of the next meeting as a matter of urgency. 14§. Adjournment by the Chair. Less than a quorum may adjourn from day to day; and necessity would justify the fixing of the time, of the next meeting by less than a quorum. In case no motion be made to adjourn, when a a qj,uorum is wanting, especially if absent mem- bers cannot be brought in so as to restore the quorum,^ the assembly may be adjourned by the chair. TThe reason the chair would have such authority, is that the body has ceased to be a deliberative one, and no business can be trans- acted. The whole assembly may have dispersed, except the president and the secretary, and then the right and duty of the chair to declare ad- journment would be clearly manifest. 180 PAELIAMENTAEY PEACTICE; Where there is such disorder and violence that business cannot be done, as for instance, where the assembly is divided into parties in hostile array against each other, a motion to adjourn would be the most highly privileged of any; if that could not be made and seconded and put and voted upon, because of disorder, the chair may justifiably declare the assembly adjourned. And, in such case, if no time of remeeting has been previously agreed upon, the chair should adjourn the assembly to the next day; or if a legal holiday or more should fol- low, he should adjourn the meeting to the next business day. The reason for his authority.to thus fix the time as well as the adjournment is found in the necessity of the case and in the character of the chair as the representative and embodiment of the assembly, and in the fact that the assembly has, for the time being, ceased to be a deliberative body, being wholly incap- able, by reason of the disoi'der and excitement, of calmly considering questions, debating and de- ciding. The assembly, in such case, has abdi- cated its own authority as fully as though all the members had dispersed and left the presi- dent and secretary as the only occupants of the hall. 149. Kemedy for Abuse. The prerogative of the president is so important, in such a case, that to afford remedy in case of its abuse, as well as to act as a wholesome restraint upon him to prevent such abuse, he' should instruct the secretary to record the reason why he de- clared the adjournment (and also the time of meeting where this also is included); as that the assembly had previously dispersed, or had MOTION TO ADOPT THE MINUTES. 181 hopelessly destroyed the quorum, or had ceased to be a deliberative body by reason of disorder or violence. And the secretary is bound to enter the reason as thus directed. Upon reassembling, the adoption of the min- utes would cure any error of the chair in thus adjourning the meeting on the previous busi- ness day. A majority, however, would have the power to neutralize the president's action, so far as such action would then be susceptible of re- versal or modification. Should the president abuse his high preroga- tive, his punishment is in the assembly's own hands, and they would have power to censure or even depose him for a tyrannical order of adjournment, as for any other culpable act. It is necessary that the power of adjournment, in such cases as have been suggested, should be lodged somewhere; and parliamentary law lodges it with the chair, subject to such subse- quent action of the assembly as has been above indicated. Adjournment sine die, or the dissolution of the general session, is effected by an ordinary main motion fixing the time therefor. Such motion is debatable, and is governed by the . ordinary usages. applicable to comnjon motions. III. l^otion to Adopt the Minutes. 150. The Motion Privileged. When the assembly is again convened at the time to which it stood adjourned, the first business ordinarily is the calling of the roll and the reading of the and the question upon the adoptioa 182 PARLIAMENTAEY PRACTICE. of the minutes is a privileged one. It may be raised by a motion to adopt, or may be submit- ted by the chair without a motion. Such a question may give rise to corrections and amend- TTients of the record; and any motibn pertinent thereto would be in order in its proper place, and would be of such privilege as to outrank the business which was under consideration when the motion to adjourn was made on the preceding day. The reason why the question upon, the adop- tion of the minutes, and kindred questions, are privileged is, that it is necessary that the mem- bers should make the secretary's record their own, so as to render it legal evidence of the preceding session's transaction, while the pro- ceedings are fresh in their memory. The record is really made by the members, and they have the right to change the state- ments of the secretary as they choose. As re- marked in the next chapter, the secretary is the right hand of the assembly; he writes for the members and not for himself; he states the facts of transactions for them to adopt and make their own; he differs from a committee which is solely responsible for facts reported. If his entries are correct, the members should approve them. They should not change the entries because their own views may have changed since the minutes were written. 151. iExpunging, Postponing, etc. Ex- punging resolutions have been allowed in legis- lative bodies of high position; but how can it ever be right to obliterate from the journal any- thing that has been regularly adopted by the assembly, properly recorded by the secretary MOTION TO ADOPT THE MINUTES. 183 and duly approved by the members ? Recon- sideration, within the allotted time, is proper; repeal of a resolution, etc., is often necessary; but by what right may a deliberative body mu- tilate the journal and render it an incorrect record of transactions ? A motion to expunge from the journal what has been rightly entered and approved, ought not to be entertained. It would be out of order, because proposing the falsification of the jour- nal — a matter not within the purview of an assembly's business. There is precedent, how- ever, for the entertainment of such motion. When minutes have been adopted, the secre- tary should attest them; and then the record becomes evidence of the transactions of the assembly. When the question upon the adoption of the minutes is under consideration, it may, unlike some other questions of its class, be postponed to a later hour of the day, or even to the morn- ing hour of the following day, or made the special order for an early given time; but such practice is not commendable, tending rather to uncertainty and disagreement than to any salutary end. Such question may be laid upon the table; and there is nothing exceptional in the fact that such action does not carry the minutes to the table, since the minutes them- selves are merely the subject of the motion to adopt them. A subsequent motion for their disposition before the taking up of the tabled motion to adopt them would.be out of order, because of the existing one to adopt them. 152. Procedure after the Disposition of Privileged Questions. When a privileged 184 PAELIAMENTAEY PRACTICE. question has been disposed of, whatever had been superseded by it regains position, and be- comes the first thing in order, and should be announced by the chair without a motion to re- sume it. When the journal has been disposed of, as the first business of the morning, what- ever had been displaced by adjournment comes up in course, unless there is a different order of business previously adopted. But, if there has been a final adjournment of a general session, questions cut off by it are lost. They do not come up in course as unfinished business at the commencement of a new general session. They might be transferred to a new session, by mo- tion, without doing violence to any principle of parliamentary law. IV. Qiuestions of Privilege. 153. What they Are, Matters concerning the rights, safety, integrity and dignity of the assembly, and those affecting the rights, repu- tation, conduct and safety of members in their official or representative capacity, give rise to questions of privilege. Business is sometimes interrupted by occur- rences during a session which require immediate attention ; and a motion relative thereto is ad- missible though maxle when some other question is under consideration, if there is necessity for immediate action. While it is impossible to foresee and specify the various matters that may thus force themselves upon the attention of an assembly, it may be well to suggest a QUESTIONS OF PRIVILEGE. 185 few by way of showing what are questions of privilege. The credentials of memberS, the behavior of either members or visitors, the sanitary condi- tion of the hall where the session is held, quar- rels between members, the discipline of a mem- ber, the censure or expulsion of a member, the protection of the assembly, charges made against the official character of an officer or member, the obstruction of business by mob violence, the extinguishment of lights at a night session — anything which concerns the privileges of the body or its'members, may be the subject of a question of privilege. Such questions often concern both the collec- tive body and the members of it. Indeed, those affecting the rights and reputation of the latter cannot fail also to affect those of the former. 154. Rank. Questions of privilege super- sede all others except the privileged questions upon fixing the time or place to which to ad- journ when it is urgent, and such like, and upon adjournment. The U. S. Senate follows this established practice, but the other' house has a special rule (R. 9), giving questions of privi-, lege " precedence of all other questions except motions to fix the day to which the House shall adjourn, to adjourn, and for a recess;" thus ranking the first mentioned, even when not ur- gent, above questions of privilege. Of the two classes, those questions affecting the body are more highly privileged than those affecting its members. When one of the former competes with one of the latter, it must be ac- corded the preference and be first brought to vote or be disposed of otherwise. 186 paeliaiAentaet peactice. Various subsidiary questions may arise upon a main question of privilege. For instance, if an altercation occur between two members, a motion may be made for the expulsion of the aggressor. This may be followed by a motion to amend so as to substitute censure for expul- sion. Then an amendment to the amendment may be offered. Not only the main question of privilege, but each of the following, at the time it is the one subject under consideration, is liable to be subjected to any appropriate sub- sidiary motion; either of the amendments may be laid upon the table (which would carry with it the main question) ; the main question might be referred (which would carry with it the ad- hering amendments); and other dispositions might be made. It will be seen, therefore, that the interruption of the regular order of business by the raising of a question of privilege may. be very much protracted. The reason why such questions rank so high is that the freedom, efficiency and even the ex- istence of a deliberative body may depend upon the proibpt disposition of such questions. So „ necessitous may be the case that all other busi- ness is instantly suspended without a vote to that effect; debate on any pending question is abruptly cut off, even. in the' middle of a speech; and the assembly acts at once for its safety, de- corum, reputation, dignity or even existence. 155. Loss of Privilege. Pending a ques- tion of privilege, should it be referred, deferred or tabled, the regular business previously dis- placed would be at once resumed. When again brought before the assembly, the question would no longer retain its privileged character, unless AITALTSIS NO. 11. 187 it had been made a special order for a given time. It would be treated like ordinary busi- ness and could not again interrupt the due course of procedure. The reason of this is that the circumstances which gave it urgency with respect to the time of its consideration would now no longer exist. ANALYSIS BTo. 11. 322. Why are some main motions privil- Privileged eged? ™a'? Because of the necessity for their immediate ™°*'°'^- consideration. 323. When is the motion fixing the time Appoint- for re-meeting privileged? mlettag. When, otherwise, adjournment already moved would result in the dissolution of the assembly. 324. When such motion is made, in the absence of such necessity, is it a privileged motion? Not by its nature; only such if so made by special rule. 323. May the fixing of the place of the next meeting be privileged by its nature? Only when it is indispensable to the further existence of the assembly. 326. Are there other contingencies under pujing of. which a motion ordinarily unprivileged be- flees when comes privileged? urgent. Yes. Should all the officers resign, motions for filling the chair and appointing a secretary would become so, from the necessity of the case; and many other like contingencies may arise. 327. Are therS some motions always pri- Motions vileged by their nature? which are The motion to adjourn is so, and is the^^J^g^ highest of this class. The motion to take a 188 PAELIAMENTAEY PEACTICE. Motion to adjourn. "When frivolous. Not debat- able. Made without a quorom. Adjourn- ment by chairman. recess, to pass upon the minutes, to dispose of questions of privilege, may be instanced. 33S. Is not the motion to fix the time of re-meeting of higher rank than that to adjourn? It is so if necessity requires, as above stated; but the motion to adjourn is the highest of those which are always privileged. 329. What is the reason of the ptivilege of the motion to adjourn? The reason is that a deliberative body should not be kept in session against its will, because restraint would hinder free discussion. 330. Is the motion always in order? Generally, but there are exceptions; as when a like motion has just been negatived, and when it is frivolously made. 331. When may it be deemed frivolous? It may be so deemed when, though business may have intervened, the motion is repeatedly made for the evident purpose of hindering business when there is no serious probability of carrying it. 332. Should not the chair entertain the motion under such circumstances? In extreme cases he should rule it out of order, as frivolous, and leave the mover his remedy by appeal. 333. Is the motion debatable? No; nor subject to any subsidiary motion. 334. Why not? Because, were it debatable, amendable or delayable, its consideration might be so pro- longed as to destroy its usefulness as the means by which the members may disperse at will ; and also prolonged so as to hinder busi- ness. 335. May the motion be passed in the absence of a quorum? Less than a quorum may adjourn from day to day; and the chair may declare adjourn- ment without a motion, it necessity should require it. 336. Under what necessity may the chair- man adjourn the meeting? ANALYSIS NO. 11. 18& When a quorum is hopeless and no one moves adjournment, after effort to bring in absentees has failed ; or when nearly all have dispersed except the president and secretary; or when there is such a degree of mob vio- lence as to render deliberation impossible. 337. To what time may the chair thus adjourn the meeting? The next business day. 33S. How should such adjournment be recorded? The chair should cause the secretary to en- ter the reasons for his order of adjournment upon the journal for the action of the assem- bly thereon in case the adjournment was wrongful. 339. What would be the remedy, should Eemedy the president have abused his authority? for abuse. Censure or deposition, as for any other cul- pable act. 340. By what rule is the taking of a recess Eeoess. governed? The same as adjournment. 341< Is the motion to adopt the minutes Adopting privileged? mmutes. It is so by its nature, because the adoption of the secretary's entries should be voted upon while the transactions recorded are fresh in the memory of the members. 342. Is this motion subject to subsidiary ones? Yes; and it is debatable. 343. When the members have made the record their own, by whom should it be attested? By the secretary. 344. When a privileged question is dis-Resump- posed of, w^hat is next in order? ordinarT It is whatever was superseded by the privil- business, eged question ; but if nothing was superseded, any new business would be in order. 345. When a question is internipted by an adjournment for the day, does it come up on next daj''s session? 190 PARLIAMENTARY PRACTICE. As a matter of course, unless other privil- eged business or orders should prevent. 346. What are questions of privilege? Questions Those aflecting the rights, safety, etc., of feee"^' *^® assembly or of its members. ^ ■ 347. How do such questions usually orig- inate? They mostly spring from matters concern- ing the credentials of members, the behavior of members or visitors, .sanitary conditions, quarrels, altercations, obstruction of business by mob violence, charges against members' official character, etc. 348. What form do motions usually take which give rise to questions of privilege? Motions to investigate charges, to censure or expel members, etc., give rise to questions which are privileged above those arising upon ordinary motions; and above all others except adjournment and fixing the next meeting when absolutely necessary. Debatable 349. Is a question of privilege subject to and delay- debate and subsidiary motions? able. Yes; and it maybe removed from .present consideration by the application of any dila- tory motion. 350. What would be the effect of such a disposition? The question would lose its privileged char- acter; and when its consideration should afterwards be resumed, it would be but an ordinary question. CHAPTER XII. The Organization and Constitution of Assemblies. Calling the Meeting to Or- der 156 Temporary Organization.. 157 Stating the Object of the Meeting 158 Prelimlnaiy Business. ... 159 Permanent Oiganization.. 160 The Presidency 161 Duties and Powers of the President 162 His Authority Not Wholly Dependent on Special Rules 163 The President of the U. S. Senate 164 The Secretary— Keeping theJoumal 165 The Secretary's Other Duties 166 Majority 167 Procedure 168 Place and Time of Meet- ing 169 Free Speech 170 Differences of Structure.. 171 State Conventions— Organ- ization 172 lb : Officers, Order of Bus- iness 173 Municipal Councils 174 Boards, Juries, etc 176 Societies 176 FoUtical Meetings 177 I. Organization. 156. Calling th'e Meeting to Order. Or- ganization is begun by the calling of the meeting to order. Whose duty it is to make the call, depends upon the character of the assembly about to be organized. If it is to be a legal body, such as a municipal corporation or a legis- lative body, it is usually governed by law in its organization, and the person required to call the meeting to order is usually designated. Thus, the Lieutenant Governor may be designated by law to call the Senate to order; the Mayor of a city may be required by the charter to call a city council to order when first met for organ- [191] 192 PAELIAMENTAET PBACTICB. ization. But, in voluntary meetings to form associations or societies, any person present may make the call. It is optional with those present, at a volun- tary meeting, to respond to the call or not. They may not choose to be governed by the majority; to elect officers and entrust to them important functions; to submit to the laws of parliamentary order; but it is to be presumed that they will heed the call, since no such thing as a deliberative body could be formed unless they do come to order. When, by their own consent, they respond to the call and come to order, they virtually assent that the majority shall govern, and that officers shall be selected, and that the rules of parliamentary order shall be respected and obeyed so far as applicable at that stage. 167. Temporary Organization. It may be by general assent, and without any formal mo- tion or vote, that the temporary chairman is selected. The person calling the meeting to order may request another to take the chair ; and if there be no dissent expressed, the gentle- man thus requested may become the temporary chairman ; for, prior to organization, all the rules of parliamentary procedure are not bind- ing on such a meeting of gentlemen. Usually, however, a motion is made and seconded that some one named take the chair. Such a motion should be put to vote, but ought not, at this stage, be subjected to subsidiary motions and to all the machinery of parliamentary proce- dure, for the reason that there is not yet a de- liberative body. The negative vote should be taken, however, and the motion should not be ORGANIZATION. 193 declared carried unless it has been adopted by a majority of those voting. If not adopted, there is no organization of the meeting ; but if carried, the selected chairman should take the chair ; and the selection of a secretary, by mo- tion duly seconded, put to vote and adopted, ■ completes the temporary organization. Now, all the rules of the common law of parliamen- tary procedure are operative, and business must be conducted accordingly, if the president and members study their own comfort and interests, or are desirous that their transactions shall be binding in the courts where matters of pecu- niary business are concerned. If all mean to be mutully just, respectful, helpful and efficient in the accomplishment of the objects of their convention, they cannot be too particular in observing the letter and spirit of parliamentary law. 15§. Stating- the Object of the Meeting. The temporary organization having been thus effected, it is usual for the chair to state the object of the meeting, though no law requires it, and though it is done merly bythe sufferance of the meeting. Should a member rise for this purpose, he could be heard by general consent, or by consent of the majority expressed by a resolution duly moved, seconded and adopted. But without such assent, neither the chairman nor any other member can address the meeting, as a matter of right, when there is no question under consideration. 159. Preliminary Business. Prior to per- manent organization, the only business proper consists of the reading of the call for the meet- ing, taking a list of the members, resolving to 13 194 PARLIAIIENTAET PEACTICE. proceed to the permanent organization, and such other things as are in their nature preliminary, and not the business itself upon which the meeting is convened. If the body is a consti- tuent one, the examination of the credentials of the delegates, by the aid of a committee, or otherwise, would be among the preliminary matters. If the body is a legislature, city council or other legal convention, the prelimi- naries necessary to permanent organization for the purpose of doing the business apperf;aining to such assembly are prescribed by law. Where the law requires a president, or speaker, or other officers to be elected by ballot, no gen- eral business is in order under the temporary organization. Whatever is required to consti- tute permanent organization, must, in such case, precede the transaction of general business. But in a voluntary assembly not thus restricted, the organization, meant to be but temporary, might be allowed to continue indefinitely, since there is no parliamantary law requiring any change, if the majority choose to continue the first chosen officers, though selected informally. 160. Permanent Organization. Perma- nent organization need not be effected by ballot, unless required by law concerning legislative and other legal bodies, except where there are more nominees than one for the same office. If, for instance, several persons should be nominat- ed for president, they must all be voted upon at once; and this is best done by balloting, though it might be effected lawfully by a division of the members. It is laid down by some writers, that when several candidates are nominated, the vote must ORGANIZATION. 195 fee taken first upon the one first nominated, secondly upon the second, and so on. But this would be contrary to parliamentary law. It ■would be treating each nomination as a motion, with several like motion.s pending and under consideration .it one time, which would be vio- lative of the first principle of that law. True, there might be a motion that a designated per- son shall be the president. But, until such mo- tion should be disposed of, no other indejjendent motion, naming some other person for jfresident, would be in order. But a nomination difEers from such a motion, in these particulars: it need not be seconded, and it is not forestalled by the existence of a pre-nomination. Manifestly then, if several nominations may legally be pending at once, they must all be voted upon at once, by ballot, by roll-call, by division or by some other way tliat Avill give the friends of each nominee equal chances for his election. If the nominations .were put to vote separately by ayes and noes, the one first put to the te,st would have the ad- vantage of the rest, which would be unfair and unj ust ; and, for that reason, unlawful. The same reasoning applies to the selection of the permanent secretary and other Officers. 161. The Presidency. The president is the head and master of the assembly. It is fre- quently said that he is the servant of the mem- bers, but he is so only as the master of a school is the servant of his scholars; as the President of tlie United States is the servant of the people. All good rulers must serve. It is true that the presiding officer of a meeting must obey the behest of the majority in all matters in whick 196 PAELIAMENTlEY PRACTICE. they have the right to control him, but so must every individual member; and he is, in this respect, no more a servant than any of them. It is misleading to say that the president is not the master but the servant of the members, as has been frequently written in the books. The headship of the body is in the president; and he must be respected and obeyed as the leader and representative of the whole assem- bly. He is, in a sense, the assembly itself; for disrespect to him is an affront to the whole hcuse. Selected by the voluntary suffrage of the members, he is put forward as their stand- ard, their mouthpiece, their arbiter; and there is nothing degrading to the members in styling him the master, since he rules by their permis- sion and may be deposed at their will. 162. Duties and Powers of tlie Presi- dent. Thei-e should be mutual service. He can best serve them by presiding with dignity and authority, promptly deciding all questions of order, patiently hearing free discussion, resolutely maintaining order and the rights of individual members, firmly confining debate to the one question under discussion, impartially putting the question at the proper time, deci- dedly announcing the result of the vote, and always adhering to parliamentary law; while they can best obey him by recognizing his head- ship, submitting to his decisions upon points of order or respectfully appealing therefrom, and aiding him generally in the furtherance of busi- ness and the preservation of decorum. With- out mutual support, neither the president nor the memfeers can adequately perform his or their respective duties, nor enjoy the benefits OEGANIZATION. 197 and privileges of a properly constituted assem- bly. What has been here said of the position and power of the president, and of the mutual rela- tions between him and the members over whom he presides, is with reference to the common parliamentary law. In the absence of special rules limiting his authority, he is the head and governor or moderator of the assembly by rea- son of his position and from the necessities of the situation, in accordance with established usage and the assent of the members implied by 'the very act of electing him, or their assent im- plied by accepting seats in the assembly when the presiding officer has been previously desig- nated by law. 163. His Authority Not Wholly Depend- ent on Special Rules. Apparently overlook- ing this rule of the common law, and probably entertaining the popular error that parliamen- tary order rests only upon specially adopted rules, Mr. Calhoun, when Vice-President of the United States, declared that he had no author- ity to call a Senator to order for words spoken in debate. When the rules were afterwards amended so as to recognize this authority (though only by implication), he spoke of it as a " power conferred upon the chair " by the emen- dation. By the present standing rules, the au- thorization is express: " If any Senator, in speak- ing or otherwise, transgress the rules of the Senate, the presiding officer shall, or any Senator may, call him to order." (R. 36.) This was doubtless passed, like many other rules, under the impression that it was necessary; but, since 198 PAELIAMENTAEY PKACTICB. it merely reiterates the common law of the sub- ject, the authority was in existence without it. 164. Tlie Presideut of the U. S. Senate. The constitution (Art. I, § 3), prescribes: "The Vice-President of the United States shall be President of the Senate," which would seem to imply that he shall have all the authority accorded to the presiding officer by the estab- lished usage of deliberative bodies. Had the framers of the constitution meant that he should have less, they doubtless would have modltied the common law upon the subject as they did with respect to voting, in some instances requir- ing two-thirds; and with respect to other mat- ters, as shown in the chapter on Congress. If the constitution, in making the Vice-Presi- dent the presiding officer of the Senate, did not m.ean that he should keep order, what authority or duty did it mean to confer? In providing (Art. I, § 5), that " each house may determine the rules of its proceedings," doubtless it gives latitude to either to modify the common par- liamentary law to meet its own exigencies, and to add thereto when necessary; but not to take from, the Vice-President the right to preserve order as a necessary incident of his office. Those curious to pursue this subject further, and to examine Mr. Calhoun's views more fully, may be aided by Mr. Fillmore's remarks, when Vice-President, entered upon the Senate Jour- nal, 1850. 165. The Secretary— Keeping the Journal. The secretary keeps the minutes. He is the hand of the body, by which the members record their transactions. What he enters upon his journal is their entry, when approved by them; ORGANIZATION. 199 and they may direct the entries. They usually direct him through their leader, the president; and, in this, the secretary is the' president's right hand. He must enter all that is done which results in a parliamentary transaction; but this does not include unseconded motions nor all ineffectual appeals, unless special rules or orders require their entry. The secretary of any society or other assem- bly should not intrude his personal opinions of the transactions into his minutes; he must not describe speeches as eloquent, pertinent or otherwise; he must not record that a measure was thoroughly discussed or appro j)riatoly amended; he must not characterize a report as able, full or exhaustive; he must not compli- ment the president or any member: for the right to praise would imply the right to cen- sure; and who made him a critic ? Who author- ized him to play the reporter ? He is the ser- vant of the assembly, not the censor. He is a recorder of transactions, not a reporter of speeches. He must enter only what is done; and he is officially authorized to attest the adoption of the minutes by the assembly. It is difficult to decide whether the ordinary clerk of a meeting is more apt to err on the side of omission or commission. The minutes maybe corrected or changed by the assembly, for the secretar}' only writes for the members. His entry of a day's transactions is thus wholly different from the report of a committee. Facts stated in a committee's re- p.ort cannot be changed by the assembly, but whatever is stated in the minutes may be 200 PAELIAMKNTAET PEACTICB. changed by the assembly, since it is the state- ment of the members by the secretary. Ordinarily, the secretary should not state, in his journal, who made speeches upon any ques- tion; for speeches are not transactions of the body. Exception to this is found in literary so- cieties formed for debating upon selected ques- tions, when those speaking on the affirmative and those speaking upon the negative should be designated, without any characterization of the speeches; also in scientific and religious socie- ties in which the titles of papers read with the authors' names may be properly recorded, with- out remarking upon their merits. 166. The Secretary's Other Duties. Be- sides keeping the journal, reading it for approv- al, making ordered corrections, certifying to its adoption, etc., the secretary's duty includes the calling of the roll, the reading of papers called for, assisting the president in his duties when required, calling the meeting to order in the ab- sence of the president (if there be no vice-presi- dent, or none present), and performing all the duties incumbent by established practice. Be- sides, he is often required, by special rules, to keep certain calendars of business, give certain notices, and do various other things. The sec- retary is strictly the servant of the assembly, but he takes his orders mainly from the chair. He is not usually selected from among the mem- bers of the assembly, but he may be. The president is usually a member, but not necessar- ily so. Other officers, such as vice-president, treasurer, sergeant-at-arms, etc., may be required by special rules. CONSTITUTIOJf OF ASSEMBLIES. 201 II. Constitution of Assemblies. 167. Majority. Whether the members of an assembly meet voluntarily or are convened pursuant to law, they come together with the understanding that the majority shall rule. Any one not assenting to this would refrain from becoming a part of a voluntary society; any one declining to obey the majority rule would not be permitted to serve as a member of a legal body. All deliberative bodies are necessarily democratic; and the will of the majority is the will of the whole. No exception to this prin- ciple is found when a vote of two-thirds or more is required to pass certain motions; for such vote is always by virtue of special rules, and those rules ave the work of a majority, and by a majority may be repe3.1ed. •168. Procedure. There must not only be organization and government by the majority, but there must also be system in the transaction of business. No deliberative body can disre- gard established forms and usages, though it may modify them in minor matters. Some legislatures treat' the motions to refer and to defer definitely as of equal grade, subject to the rule, "First made, first put." Adjusting the scale 6i motions accordingly, they do business with parliamentary system and with legal re- sults. Others treat the motions to amend and to defer indefinitely as of unequal grade. Some employ the previous question: others do not. Some bodies adhere to the rule that a quorum consists of more than half of the members: 202 I'AELIAMENTAET PEACTICB. Others provide that a less number may do busi- ness at the proper time and place. Thus, minor modifications are allowable. When a quorum is made to consist of less than a majority, it is absolutely essential that some protecting safeguard should be provided, such as requiring meetings to be held in a cer- tain place, presided over by the elected presi- dent, called to order at a fixed time, etc., for the reason that if less than a majority may meet at any place, call ajiy one to preside pro tern., and be called to order at any time, the assembly might thus be divided into two or more assem- blies, which would be absurd. 169. Place and Time of Meeting. "Place" means not the city or town, or even the build- ing, but the hall or room of the meetings, since otherwise an opposition organization might meet in some other apartment when less than a majority is a quorum, apd proceed to do busi- ness. " Time " means the hour for calling to order fixed by law, by special rule or by pre- vious adjournment, since otherwise members might get together at any other time, and, under the operation of a rule allowing a limited quo- rum, a minority might transact business without the opportunity given to the majority to be present. . Anything that would enable 'two bodies to be formed out of one would render contradictory and inconsistent transactions possible, and would lead to absurdity. The necessary safeguards are too frequently overlooked by voluntary so- cieties. 170. Free Speech. Deliberation, being the duty and one of the leading purposes of an as- CONSTITUTION or ASSEMBLIES. 203 sembly, must precede decision. The majority- governs, but only after due consideration. The mature opinion of the greatest number is the object sought; not the first, crude impression. The arguments of the minority are to be heard and duly considered. Free discussion is there- fore essential to a proper deliberative body. All questions are therefore debatable, as a general rule; the exceptions apply to questions of which the discussion would rather hinder general de- liberation than promote it. • 171. DiflPerences of Structure. Delibera- tive bodies a,re so differently constituted, that there are parliamentary usages applicable to some which are not general to all. The fore- going chapters are meant to be of universal application, but it is necessary to note some of the peculiarities of certain assemblages, and to present the law that is specially applicable to them. The most marked difference to be noticed is that between single and double bodies; that is, between assemblies composed of but one house, and legislative bodies which always consist of two in this country. It will be seen that this marked difference of constitution must give risa to many minor differences. It will be found- convenient to notice first the different charac- teristics of single deliberative bodies. 172. State Conventions : Org-anizatlou. One of the most important of these is a con- vention for the adoption or revision of a State constitution. The members, elected by the people pursuant to legal requirements, assemble at the appointed day upon terms of mutual equality. From their number, a presiding officer 204 PARLIAMENTAKY PRACTICE. is to be selected, though minor offices are usually "filled by persons who are not members. Some member must call the meeting to order, as in ordinary assemblages, and nominate some other member to the chair; and a secretary /iro tern. must be appointed, who is also usually a mem- ber. One of the first things to be done is to ascertain who are the members elect to the con- vention. A motion is made for the api^oint- ment of a committee upon credentials; and, when duly carried, the chair appoints such com- mittee unless the convention otherwise orders. The committee examines and reports upon the credentials of those claiming seats, and the con- vention decides thereon by adopting a resolu- tion containing their names, or by approving the report. It is usual then to appoint a com- mittee to draft rules; but it is better not to dis- turb the general parliamentary law so far as concerns rules of order. Special regulations are necessary to provide for the appointment of standing committees and to designate their duties, for the creation of necessary offices not essential in all deliberative bodies, and for regu- lating other matters peculiar to such an organ- ization. The standing committees are usually on the following subject: The Judiciary, The Executive Department, The Legislative Depart- ment, General Provisions of the Constitution, Public Education, Internal Improvements, Fin- ance, Enrollment, Printing, Contingent Ex- penses, Ordinance and Schedule, Draft of the Constitution, etc. 173. Id: Officers, Order of Business. Resolutions, petitions, etc., appertaining to tbe subject upon which there is a standing comniit- CONSTITUTION OF ASSEMBLIES. 205 tee are usually by rule required to be referred to the appropriate committee for rejDort before being further acted upon by the convention. Officers, such as enrolling clerks, sergeant-at- arms, door-keepers, pages and postmaster are usually required by the rules and elected by ballot, in addition to the president and secre- tary. Provision is usually made for an order of proceeding; for regulating the orders of the day; for fixing the number that may call the yeas and nays, and for suspending rules; and also for ordering the previous question if more than a majority vote should be thought desir- able for such purpose. 174. Mnniclpal Councils. City councils are deliberative bodies of great importance, es- pecially those of large cities, where questions of much pecuniary interest often require decision. That they should be legally constituted and that their business should be legally conducted, greatly concern the welfare of the citizens. Organization, in such a body, must be in accord- ance with the charter under which it exists and acts, in all matters upon which that instrument prescribes; but business must be done according^ to jDarliamentary law in all respects where the statutory provisions are silent, and where no special rules of the council interfere. If all the members of a city council are new ones, who have met for organization, the first proceedings are like those above described for the beginning of a State convention; but, if there are members holding over from a previous session, the committee on credentials should be selected from them. A city council, usually composed of one board, though sometimes con- 206 PAKLIAMENTAET PKACTICE. sistiiig of two, is not confined to the business of passing resolutions and orders, but its legisla- tive work is the making of ordinances, and amending or repealing them. It is common, therefore, to require a proposed ordinance to be read at three stated times before the final vote upon it; and this requirement renders a few special rules necessary. Standing committees are usually formed to consider resolutions, peti- tions, etc., and to draft ordinances and resolu- tions, and report them to the council for action. Such offices as are necessary, are created by rules or by-laws (if not by the charter). Beyond these things, special regulations are rather an impediment than a help to procedure, so far as questions of order are concerned. The law of municipal corporations is fully treated in the several text books upon the sub- ject. 175, Boards, Juries, Etc. County boards of commissioners or supervisors need no com- ment beyond what has been remarked of city councils. School boards, boards of trustees for the poor, and like olBcial organizations, are le- gally bound to do business in accordance with parliamentary practice where the statutory law is silent, in all matters of procedure; and not to modify the common usage by special rules of their own, except within the allowable bounds, already shown. Grand juries are accustomed to do biisiness with the foreman as chairm-an, by means of mo- tions, though their functions are so limited that but few parliamentary rules apply to them They cannot meet or adjourn when they choose. CONSTITUTIOX OP ASSEMBLIES. 207 SO motions fixing the time would not be in or- ebate by mover and seconder, 118, 128. by sufferance. 116, 127. closing of, 126, 130. closing speeclies of, 125. common usage in, 124 courtesy in, 120. decorum of, 123, 129. etiquette of, 121. personality in, 121'. preceded by motion, 116, 127. special regulation of, 124. using names in, 122. yielding the floor in, 122. Declinatory motions, 10, 19, 20. Decorum, 123. Demeanor of a speaker, 129. Demanding division of a motion, 112. Definite postponement, 55, 69. amending, 37, 44, 58. form of, 56. rank of, 45, 57. Delayed business, resumption of, 74. Delaying " the whole subject," 68, 72. Dilatory motions, 11, 19, 66, 72. Disagree, motion to, 240. Disorderly words; 108, 113, 130. Divisibility of substitutions, 26. Division of a resolution, 98, 101, 111, 113. Election of officers, 85, 150, 194, 239, 335, 343. Electing by acclamation, 150. Elimination, amendment by, 35, 39. Established usage, 349, 363. Etiquette of debate, 120. Evidence of proceedings, 183, 199, 258. Exceptions to seconding, 18. Exceptional motions, 3. Explanations in debate, 130. of votes, 317, 225. Filling blanks with names, 86, 89, 93. numbers, 90, 94. offices, 85. when urgent, 187. Free speech, 203. 270 INDEX. House of Representatives of U. S., 13, 15, 39, 58, 97, 103, 103, 105, 106, 110, 135, 138, 163, 165, 168, 175, 185, 335, 345, 353. Incidental motions, 11, 19, 30, 111. questions, ordering, 138. Incomplete motions, 86. Indefinite postponement, 13, 31, 59. Insist, motion to, 340. Intercourse between the two houses of a legislature, 231, 326, 339. Introduction of business, 316, 333, 344. Joint resolutions, 337, 345. Journal, 198. Journals in Congress, 331, 343. Judicial recognition of principles of order, 356. rulings, 358. Juries, 306. Law of order, based on established usage, 349, 363. Laying on the table, 62, 71. Legal bodies, organization of, 305, 313. Legislatures, state, procedure in, 215, 323. List of exceptional motions, 3. Litigated questions of order, 255. Loss of privilege, 186. Majority, 155, 161, 201, 256 Making a motion, 9, 17. Mass meeting, 208, 214. Methods of voting, 148, 159. Minority report, 119. Minutes, how entered, 198. motion to adopt, 181, 189. expunging, postponing, etc., 183. Morning hour, 318. Motion, 9, 19. division of a. 111. objection to a, 11. seconding a, 9. Motions, alwavs privileged, when, 187. amendatory, 10, 19, 23, 38. classification of, 3, 19. complemental, 11, 19, 30, 84, 93. contradictory. 111. INDEX. 271 Motions, control of, 18. declinatorv, 10, 19, 20. dilatory, 11, 19, 66, 73. how made, 9, 17. incidental, 11, 19, 20, 111. incomplete, 86. main, or principal, 19. multifarious, 111. of necessity privileged, 173. ordinary, 9, 19. principal or main, 19. privileged, 19, 67, 173, 187. rank of, 8, 14, 50, 57, 64, 72, 136, 143, 167. 185, 340. relative to voting, 11, 19, 30, 131, 141, loO, 156, 163, 169. stating, 9. setting day to wliicli to adjourn, 173, 187. subsidiary, 10, 19. to adopt minutes, 181, 189. adjourn, 178, 174, 176, 188. commit, 45, 69. amending, 44, 53. rank of, 50, 73. divide a resolution, 101, 111. fix day to wliich to adjourn, 173, 187. place, 174. reconsider, 139, 145, 163, 169. suspend rules, l05, il3. table, 62, 71. take from table, 71, 74. withdraw a resolution, 96, 11 1. undebatable, 115, 137. written, 9, 17. Moving, 9, 17, 116. Mover entitled to debate, 118, 138. Multifarious resolutions, 100, 111. Municipal councils. 305. Naming members in debate, 133. Necessary motions, 172, 187. Negative amendments, 32, 42. Nominations, 84. closing, 85. Numbers, suggesting, 90, 94. "Not," inserted as an amendment, 82, 43. 272 nojBx. Objection to a motion, 11. when it is out of order, 12. Officers, 204, 210. Offices, filling of, 85. Order of business, 204, 218, 222. in TJ. S. Senate, 331, 243. House of Rep., 236, 246. conduct, 120, 123, 129. debate. 120, 127. questions of, 107, 110, 112. Orders, special, 76, 83, 219, 343. general, 220, 244. Ordering the vote, 131, 141. Ordinary motions, 9, 19. Organization, 191, 303, 211. of single bodies, 203, 205, 211. of double bodies, 229, 235. permanent, 194, 313. temporary, 193. Papers, reading of, 103, 104, 113. Passage of a bill, 317, 234. Personality,121 Place of meeting, 803. Plurality, 155. Points of order, 107, 112. stating and deciding, 108. Political meetings, 208. Postponement, amending definite, 44, 58. definite, 55, 69. form of, 56. rank of, 57. indefinite, 13, 31, 39. Precedent, 249, 253. Prefatory remarks by a mover, 116, 127. seconder, 117, 128. Presiding officer, 195. authority of, 196, 197. duty of, 107, 112, 196, 210. Previous question, 131 . application of, 135, 141, 144, 145. call for, 136. execution of the order, 143. form of stating, 144. object of, 132, 143. rank of, 143. INDEX. 275 Previous question, seconding of, 133, 141 . Principles of order recognized by courts, 356. Privilege, loss of, 186. questions of, 184, 190. rank of questions of, 185. PrivUeged questions, 19, 67, 173 183, 187, 189. Procedure in Congress, 338. House of Representatives, 335. Senate of /U. S., 245. State legislatures, 315. Question of consideration, 11. Questions of order, 107, 113. privilege. 184, 190. undebatable, 115, 127. Quorum, 158, 210, 238, 241. Rank of motions, 8, 14, 50, 57, 64, 72, 136, 142, 167, 185, 340. Reading of papers, bills, etc., 102, 104, 113, 216, 334, 383, 387. 344. Recede, motion to, 340. Reception of committee's report, 77, 83. Recognizing a mover, 17. Recognition by courts of principles of order, 256. Recommitment, 83. Reconsideration, 163,. 169. amendment of, 167, 17.0. and tabling, 168, 171. debate upon, 165, 170. how employed, 16H. in competition, 171. limitation of, 164, 170. of main questions, 169. of subsidiaries, 169. practice in Congress, 165. prequestioned, 170. ' relation of to subsidiaries, 167. suspensive effect of, 167, 170. wben in order, 1G4, 169. Reference list of exceptional motions, 3. Referring to a committee, 45, 48, 323. Relevancy of amendments, 28, 41. Remarks prefatory to moving, 116, 137. , „ seconding, 117, 138. 274 INDEX. Renewal of appeal, 110. Reports by committee, 49, 77, 79, 83, 330, 333, 336, how received, 77. Resolution, dividing a, 98, 111. Resolutions, multifarious and contradictory, 100. skeleton, 86, 90. withdrawal of. 111 Resuming delayed business. 74, 81. Rules, special, 211, 359, 263, 364. suspending, 105, 112. Seconder entitled to debate, 118, 128. Seconding motions, 9, 18. call for previous question, 133, 141. yeas and nays, 146. exceptions to, 18. unqualified, 18. Secretaiy, 198, 800, 310 Senate of U. S., 14, 93, 97, 103, 103, 105, 106, 135, 163. 165, 185, 330, 353. Silent assent, 159. Simultaneous voting, 88. Skeleton resolutions, 86, 90. Societies, 207, 318. Speaking by committeemen, 119, 138, 139. before moving, 116, 127. seconding, 117, 138. to the question, 127. Special orders, 76, 83, 319. 343. rules, 311, 340, 359, 364. concerning debate, 134. of U. a Senate, 283. House of Representatives, 238. when necessaiy, 301 . Speeches, number and lengtli of, 129, written^ 130. State conventions, 203. legislatures, procedure in, 315. Stating questions, 9, 18. Striking out and inserting, 35, 26, 30, 35, 39. Subsidiaries, 19. application of, 73. classification of, 10. Substitution, amendment by, 35, 30, 35, 89. Substitutions, divisibility of, 36, 30. INDEX, 275 Supporting the chair, 107. Suspension of rules; 105, 113. Tabling, 62, 71. not amendable, 44. rank of, 64. subject to call, 64, 71. subsidiaries inapplicable to, 65. Taking up from the table, 63, 71, 81. Temporary organization, 193, 310. Tie vote, 154, 161 . Time of meeting, 202. Two-thirds vote, 156, 329, 261. Undebatable questions, lit, 137. Unfinished business, 80, 319, 2S1. Voluntary bodies, 207, 213. Voting, 148, 159, 217, 334. by ballot, 158, 160. the voice, 149, 160. division, 151, 160. showing hands, 149, 160. silent assent, 149, 159. yeas and nays, 152, 160. methods of, 148. on amendments, 86. principles of,- 155. simultaneously, 88. Withdrawal of a motion, 96, 111, 389. Words, disorderly, 108, 112, 130. Writing motions, 9, 17. Written speeches, 124, 180. Yeas and nays, call for, 139, 145. seconding of call, 140, 146. voting by, 153. Yielding the floor, 132, 139. ^ \ -- *x