NORTHWESTERN UNIVERSITY LIBRARY EVANSTON ILLINOIS RULES OF ORDER FOR SOCIETIES, CONVENTIONS, PUBLIC MEETINGS, AND LEGISLATIVE BODIES, BY CHARLES M. SCANLAN, LL. B., Autkor oí Law oí Fraternities, Law oí Ckurck and Grave, Law oí Hol^s, Etc. «•HTHWeSTBRW t.iePABTf SECOND EDITION. REIC PUBLISHING CO.. Mâwttukee. Wif. KEYSTONE PTO. CO. 711 ST. PAUL AVE. CtffjFiliht IMT ' CkeHki $csalta 0¿\^07 3 PREFACE TO SECOND EDITION. Perhaps the first rule of order made by man was promulgated in Paradise, and pro¬ vided that when Adam rose to speak, thè house should be silent. Certainly ancient Ninevah, Egypt, Greece, Rome and Ireland had their rules of order in their deliberative assemblies. From the history, laws and rec¬ ords of any of those countries a full set of rules of order can be written. The term "Parliamentary Law," as used in this country, is misleading inasmuch as it suggests that the English Parliament enacted the rules of order and the United States adopted them. Now and then we hear a presiding officer spoken of as a good "Par¬ liamentarian," Strange as it may seem, the term Parliamentary Law is not in any dic¬ tionary published in England, and Murray's voluminous quarto "New English Diction- r| ary, 1905," gives only the following defini¬ ng tion of Parliamentarian : "One who accepts a religion or church ordained or ruled by Parliament." 4 HISTORY OP RULES OP ORDER. Elsyng, who compiled the first book on rules of order for the English Parliament, gave it the title, "The Form and Manner of Holding Parliament in England"; and Sco- bel published another work on the same subject, A. D. 1656, imder the title "Memo¬ rials of Method and Manner of Procedure in Parliament in Passing Bills." Thomas Jefferson, while Vice-President, wrote the first great American work on rules of order, which has been adopted by Con¬ gress and most of the state legislatures under the title "Jefferson's Manual." The most philosophic and comprehensive treatise on rules of order is " Gushing's Law and Practice of Legislative Assemblies." Had he used the word Eules instead of "Law," it would seem particularly precise and appropriate. Law suggests a bill duly passed by a legislative body and approved by the executive; and rule, a matter in which, the legislative body only is con¬ cerned.' Consequently, "Rules of Order" seems the proper title for a work of this kind. 1. Ârmitage v. Fisher, 74 Hun., 167 ; 26 N. T. Supp., ESTABLISHING UNIFORMITY. 5 It is evident that Rules of Order are not made by somebody and then applied, but that tbey are established by long-continued usage of legislative bodies and decisions of our courts. In the absence of a rule to fit a case, the presiding officer must make a rul¬ ing, which, if followed for a long time, or affirmed by a court, becomes a rule of order. Thus Rules of Order are found in our law text-books and court decisions. However, every organization may adopt a set of rules of its own, which, if reasonable and lawful, will govern it where there is a confiict with other rules. Uniformity in minor particulars of Rules of Order is wanting because each house of Congress and each legislature adopts special rules for its own procedure and their ex¬ ample is followed by societies. However, the Rules of the House of Representatives which is the greatest deliberative body in this country, are the highest authority out¬ side of our courts, but require modification and elimination to adapt them to the wants of popular meetings and societies. The main things to attain are order and expedition of « AUTHORITY IN COURT. business, and the rules that secure these, govern best; but, for the purpose of secur¬ ing freedom of speech and protecting the rights of the minority, dilatory motions are to be found in the best devised systems. The great number of changes made in the Rules of the House of Representatives, and late decisions of courts, have rendered a new popular manual that will be authority in court, a necessity. It is to supply that want and to place the subject in a new and simpler form, that this revised and enlarged edition of my manual--with changes and additions to bring it down to date—is published. THE AUTHOR. Milwaukee, Wis., Jan. 4, 1907. 7 CONTE^.^ Preface 3 I. Laws Governing Societies 9 II. Special Occasions 13 III. General Occasions 15 IV. Motions, Questions 41 V. Procedure 49 VI. Debate 54 VII. Motions Alphabetically Arranged. 58 » FORM FOB ADOPTING RULES OF ORDER "Scanlan's Rules of Order" shall govern in the organization, procedure and delibera¬ tions of this body (convention, meeting, lodge, etc.), excepting when otherwise specifically provided by its own rfiles. (See page 9.) 9 Scanlan's Rules of Order C9iapter 1. LAWS GOVERNING SOCIETIES. Superior and Inferior Law.—The laws governing_ organized societies rank as fol¬ lows: 1st, the constitution and laws of the United States; 2nd, the constitution and laws of the state whei-e the society is incor¬ porated and of the state where it is located ; 3rd, the common law of the land as declared m courts of last resort ; 4th, the constitution of the society, which consists of a charter or articles of organization ; 5th, the by-laws of the society, duly enacted under a general statute of the state or by special authority delegated by the state ; 6th, rules of order adopted for the special government and pro¬ cedure of the society; 7th, the generally ac¬ cepted rules of order. No rule or law of lower rank can supersede or contravene one of higher rank, and so far as its provisions violate this rule they are null and void.' A 2. Senaca v Lamb, 26 Barb., 595. Kennebec v. Ken¬ dall, 31 Me., 470. N. Orleans v. Phlllppt, 9 La. Ann., 44. Kearney v. Andrews, 10 N J. Eq., 70. Davles T. aty, 87 Mich., 439 ; 49 N. W.. 667. 10 BY-LAWS, CHANGE OF. member of an incorporated society is sub¬ ject to all of said laws and rules. The courts construe and enforce the lawful rules and by-laws of a society, not only within its membership, but also with non-members as far as they act or contract under them.* Amending, Suspending and Repealing.— By-laws and rules may be amended, sus¬ pended or repealed only by the body having authority to make them, excepting where such power is delegated by the superior law¬ making body. When there is no other pro¬ vision in the constitution or laws of the state, the power to make by-laws is in the members, but it may be delegated to a board or other body.* A by-law that requires a two-thirds vote on a question (suspension of rules), may be amended or repealed by a majority vote unless there is a provision in the state law or constitution or by-laws of the society to the contrary." In unincorporated societies their by-laws 3. Cummings v. Webster. 43 Me., 192. 4. State V. Nixon, 25 Mo. App., 642. 5. Richardson v. V. 0. S., 58 N.. H., 187. Smith v Nelson, 18 Vt., 511. Am. & Eng. Cy. of Law "By-Laws." , ' RULING AUTHORITY. 11 and rules are in the nature of a contract, and without the visitorial power of the courts.' Superior and Inferior Authority.—The highest organized body in a society with a definite constitution, such as a council of bishops in a church or a supreme lodge in a secular society, has superior authority. The minor divisions have only inferior authority and must submit to the superior authority in all that is lawful and reasonable. Re¬ fusal to obey the higher authority is rebel¬ lion, and to organize outside of the superior authority, or to withdraw, whether by a majority vote or otherwise, is secession and the seceders have no right toi any of the property that the society acquired under the united body.' To protect the rights of citi¬ zens, in politics the contrary rule prevails and the authority in its last analysis is in the voters.' 6. Am. and Eng. Cy. of Law, "By-Laws." Phelps v. Piper, 48 Neb., 724 ; 67 N. W , 755. 7. Reorganized Church v. Church, 60 F., 937. Free Church of Scotland t. Overton, Appeal Cases, House of Lords, 1904, 515. McGinnis v. Wat¬ son, 41 Pa St., 9. 8. Weaver v. Toney. 107 Ky., 419. In re Broat, 27 N. Y. Supp., 176. 12 LAWFUL ACTS—SUITS. Informality, Irregalarity, Nullity.—Things done informally are none the less binding, as the term implies compliance with all the essentials.* Irregularity includes unlawful procedure and is more dangerous. It may include informality and it dovetails into nul¬ lity. Nullity is absolutely void. A want of due notice not waived, business done by less than a quorum, and holding a meeting at a wrong time or place without consent of all concerned, are such irregularities as make proceedings null and void. But passing a question by a two-thirds vote to make a special order when it requires a two-thirds vote to suspend a rule, is an irreg'ilarity that amounts to a suspension of the rule and it is valid." Who May Sue.—A person having no legal or equitable interest in a matter cannot question it in court." 9. McDonald v. State, 80 Wis., 407 ; 50 N. W. 185 Mann v. City, 109 la., 251 ; 80 N. W..' 327 In re Broat, 27 N. Y. Supp., 176. 10. Kendall v. Board, 106 Mich., 681 ; 64 N. W 745 Salter t. Hilgen, 40 Wis., 363. Am. & Ene Cv of Law, "Nullity." ® 11. Coles v. Trustees, 10 Wend. (N. Y ), 659. 13 Chapter n. SPECIAL OCCASIONS. Preliminiury Meeting, Maes Meeting.—^At meetings of tmorganized bodies some person must take the initiative. When the time to hold the meeting arrives someone calls those present to order and either nominates an¬ other for chairman or asks: "Whom will you elect for chairman?" When a name is presented the person who calls the meeting to order, or in case he is named, the mover puts the motion. If several candidates are named, the vote should be taken by division, standing, show of hands, or ballot. The person putting the motion has the right to decide who has been elected and his de¬ cision is ñnal unless an appeal be taken to the house. When the chairman is elected he should take his place, without a speech, and suggest the election of a secretary. After the elec¬ tion of a secretary, the meeting is ready for business. The first business is the reading of the call for the meeting by the secretary or a 14 ORDER OP BUSINESS. statement of its objects by the chairman or some promoter of it. Much of the work of a meeting must be done by committees, the most important of which is the committee on resolutions, which should include the best learning and judgment of the assemblage. While the committees are in session the house may have informal speaking, but ought not transact business. Otherwise the chair might appoint on the committees the men whom he wanted to keep out of the house during business. Also every member has the right to be present during business. Order of Business for a Convention or a Mass Meeting: 1. Call to order. 2. Election of temporary chairman. 3. Election of temporary secretary. 4. Reading Call or address of chairman. 5. Appointment of committees on creden¬ tials, organization and resolutions. 6. Recess or informal talks. 7. Reports of committees on credentials and organization. 8. Election of permanent officers. 9. Installation of permanent officers. GENERAL OCCASIONS. 15 10. Appointment of committees. 11. Communications, etc. 12. Reports of committees. 13. Business. 14. Nominations and elections. 15. Adjournment. Chapter III. GENERAL OCCASIONS. Meetings, Session, Legislative Day.—A meeting designates the time from calling the house to order until its adjournment the same day. The house may take several re¬ cesses during a meeting. Session and meet¬ ing are identical when no second meeting is held by the same body; but a session usu¬ ally includes several meetings of the house, as a session of the legislature. A session is terminated by a motion of the body or by the expiration of the terms of the members, as the second session of Congress ipso facto terminates on March 4th. A legislative day is the time from meeting until adjournment for the day, as shown by the record. Several calendar days may be included in one leg¬ islative day, and on one occasion in Con- 16 MEETINGS—SPECIAL. MEETINGS. gress, one legislative day extended over a month. Meetings are either regular or special. A regular meeting is one that is held at a par¬ ticular time and place fixed by the laws of the state or pursuant to some rule or law of the society. General business may be transacted at a regular meeting. When a regular meeting adjourns to another day to hear a special matter, it still continues a meeting for general business, and new busi¬ ness may be introduced." A special meeting is one called for a spe¬ cial purpose, and at a time and place named. Notice of a regular meeting need not be given unless required by some rule or law; but notice of a special meeting must be given to all the members, and it must state the object of the meeting and the time (minute, hour, day, month and year) when, and the place (hall, number on street, street, city and state) where it will be held. No business only that which is stated in the notice can be transacted at a special meet¬ ing. 12. Ex parte Wolf, 14 Neb., 24 ; 14 N. W., 660. TIME OF MEETING—DELAY. 17 A meeting cannot be held before the time for which it was called, *nor at any other time or place without the consent of all the members of the society, committee or other body, which consent should be in writing and signed by the members. A delay that is not unreasonably long after the time ap¬ pointed, particularly when awaiting the coming of other members, is not illegal; but usually the meeting should be called within the hour named, and if there is to be any further delay, it should be by adjournment or recess." When a meeting has been duly called to order at the time and place designated, or if the place for some reason cannot be reached, as in case of a church being locked, then at the nearest point thereto, it may be adjourned to some other convenient place where all may attend." When such adjourn¬ ment becomes necessary; someone should be stationed at the place where the meeting was to be held, to direct members to the place to which the meeting was adjourned. 13. Kimball v. Marshall, 44 N. H., 465. 14. Den. ▼. Pilllnc, 24 N. J. Eg., 653 ; 4 Zabriskle's R., 653. 18 ADJOURNMENT—NOTICE. Also, when on account of disorder a meet¬ ing cannot be held at the place called, the presiding officer may adjourn it to some convenient adjacent place by general an¬ nouncement thereof." Notice.—Notice is one of the most im¬ portant matters in procedure, and when re¬ quired it must be given in the manner and not less than the time specified or other¬ wise the proceedings will he void. In some cases a notice may be limited as to the greatest time, and in all cases within the foregoing limitations, the time must be rea¬ sonable. Persons not under legal disability may waive notice, unless contrary to law or public policy; but minors, insane persons or persons under _any other legal disability, cannot waive notice. If there is no special law or rule govern¬ ing the matter, a notice should be served like a summons. Service of notice^ by mail is good if the person making the service and the person on whom it is to be made reside at different places between which there is regular mail. It is presumed that a notice 15. Field V. Field, 9 Wend. (N. T.), 395. MAILING notice:—TIME. 19 enclosed in a sealed envelope, correctly ad¬ dressed, postage prepaid, duly mailed with¬ out instructions on the outside of the en¬ velope, reaches its destination in due course of mail; and if the person to whom it is addressed is at his postofiSce address and able to do business, it is presumed that he received it. A notice mailed to the resi¬ dence of a man who is unconscious or is out of the country, is not good, generally." When several months' notice is required, the day of the month on which the notice is served must not be later than the day of the month on which the matter will be heard; as for example, a four months' notice served February 2nd is not good for a meeting held before June 2nd. Where á month's notice is required, it must be served the number of days in the month in which it is served, before the day fixed for the hearing ; as, for example, a notice served on January 31st is not good for a date before March 3rd." When a number of days less than a week or 16. Van Aernam v. Wlnslom 37 Minn., 514 ; 35 N. W., 381. People V. Theatrical, etc., 29 State, 105 ; 126 N. v., 622. Taggart v. Phoenix, 8 Pa. Co. Ct 334 17. Minará v. Burtls, 83 Wis., 267 ; 53 N. W., 509. 20 FIXING DATK—QUORUM. a number of hours, is the time of notice, Sunday or a legal holiday is not counted. The best way to get the correct date in computing days is to use the days of the year; as, for èxample, if a ninety days' notice must be given of a meeting to be held on July Istr which is the 182nd day of the year (leap year, 183rd),it must be served not later than April 2nd, which is the 92nd day of the year. Sunday is not a legal day for serving a notice or holding any business meeting. But meetings of religious or char¬ itable societies may be held on Sunday, and subscriptions may be taken and dues col¬ lected for religious or charitable purposes, including fraternal, sick or death benefits (insurance). Quorum.—A quorum of a body is the smallest number of its members who can legally transact business. Fewer than a quorum can adjourn from day to day when there are meetings to be held on consecutive days, but cannot otherwise fix a time to which to adjourn." In stock corporations and associations, la O'Nell v. Tyler, 3 N. D., 47 ; 53 N. W., 434. QUORUM—WHO ARE COUNTED. 21 those (or their proxies) who hold the legal title to a majority of the capital stock as owners, pledgees, trustees, executors or ad¬ ministrators, constitute a quonim; and in all other corporations, societies, conventions, boards and committees, composed of definite membership, in the absence of a law of the state or a provision in the charter or a duly enacted by-law of the society, a majority of the members at a duly called meeting is a quorum. When the laws of the state or charters granted by it or duly enacted law¬ ful by-laws of a society, provide the num¬ ber necessary for a quorum, they govern. The members present, whether voting or not, may be counted for a quorum if there is a rule to that effect." Even in the ab¬ sence of such a rule, the weight of authority sustains the counting of the members pres¬ ent for a quorum." However, the supreme court of one state denies the right to count a member present without his consent." 19. U. S. V. Balln, 144 U. S., 1; 12 Sup. Ct., 607; 36 L. Ed., 321. 20 Atty. Gen. v. Shepberd, 62 N. H., 383 ; 13 Am. B., 576. State V. Vanosdal, 131 Ind., 388; 31 N. B T9 21. State V. Ellington, 117 N. 0., 158 ; 30 D. R. A., 632 ; 23 S. B., 250. 22 QUORUM—CASTING VOTE. When the presiding officer has only a cast¬ ing vote in ease of a tie, he cannot be counted for a quorum." None htit legal members can be counted." Special provisions, such as a quorum^shall consist of a "majority of the" members elect," or a "majority of the qualified vot¬ ers," when used in constitutions or laws, fix the quorum." The state has the fixing of the number that shall constitute a quorum, when not delegated, and a city council cannot fix any other number than a majority, without special authority." If the record (which includes the adopted minutes or an entry of the fact made by the secretary) shows a quorum, it is pre¬ sumed to be correct and that the quorum continues during the meeting." If the record does not show a quorum, in some states business done is void, and in others the question is open to proof. 22. Somerset v. Smith, 109 Ky., 552 ; 49 S. W., 456. 23. State V. Orr, 61 Ohio. 384 ; 56 N. B., 14. 24. Cleveland v Com., 108 N. C., 678 ; 12 S. E., 271. Helskell v..Mayor, 65 Md., 125; 57 Am. E., 308- 4 At., 116. 25. State v. Ellington, 117 N. C., 158 ; 23 S. E., 250 • 53 Am. St. R., 580 ; 30 L. R. A., 532. VOTING. 23 In organizations of indefinite membership, those attending the meeting constitute a quorum." Voting.—^Voting may be by ballot (paper, coloted-balls, beans, etc.), by division of the house, by standing, by show of hands, by roll-caU, or viva voce. A stockholder has as many votes on all questions, including the election of officers, as he has shares of stock in the company. It is the duty of every member to vote on every question, and on a division of the house he must vote if present when the question is put, unless he has a pecuniary interest in the matter, or the vote concerns him personally, or he is excused; but if he comes in after the ques¬ tion has been put, he cannot vote. In the absence of other provision, it requires a ma¬ jority vote to order a roll-call. When a bal¬ lot or roll-call is required by the laws of a body or the laws of the state, it must be obeyed;" but if there is no objection, the secretary or someone else may be authorized to cast the ballot of the body if there is only 26. Madison v. Baptist, 5 Eob. (N. Y.), 649; 28 N. X s 649 27. Norman v. Ky., 93 Ky., 537 ; 20 S. W., 901. 24 VBRIPTING VOTE. one candidate or thing to be voted for. How¬ ever, it is vicious procedure, and if objec¬ tion be made by even one member, a regular ballot must be taken. Division by standing, show of bands, or roll-call, to verify a viva voce vote after the result is announced, should be granted by the chairman upon request of a member, provided there were votes on both sides of the question and division is demanded be¬ fore a new motion is made or any other pro¬ ceeding under the rules is begun. If divi¬ sion is refused, the member may appeal from the decision of the chair. A vote is not unanimous so long as there is a dissenting vote, and a vote to make it unanimous is subject to the same rule. A member may change his vote in an open vote, as by division, show of hands, or roll- call, at any time before the decision is an¬ nounced; but he cannot do so on a secret ballot. The chairman may vote with the body on all except parliamentary questions, or he may wait until the vote is counted, and in case of a tie, he may exercise his right to vote. However, where the law of the state MAJORITY—VOID VOTES. 26 or of the organization provides that the pre¬ siding officer shall have the casting vote, in a body of which the chairman is a constitu¬ ent member, he may first vote as such mem¬ ber, and then if there is a tie, he may cast the deciding vote." When a mayor and five aldermen consti¬ tute a city council, three votes is not a ma¬ jority of the council." "A majority of the legal voters of the township," is intended to require only a majority of the legal voters of the township voting." In a committee of twenty-four members requiring a two-thirds vote for expulsion, there must be at least sixteen members present to vote for expul¬ sion to render it valid." In a board of eight members where all voted and it required a majority of the votes cast to elect, and there were votes cast for two candidates and a blank vote, the four votes cast for the high¬ est candidate did not elect him as it was not a majority of aU the votes cast." Where 28. People V. Rector, 48 Barb., 603. 28. Whitney v. Com. Council, 69 Mich., 189 ; 87 N. W., 184. 30. St. J. V. Rogers, 83 TJ. S., 644 ; 21 L. Bd., 328. 31. Louhat V. Leroy, 40 Hun., 546. 32. Lawrence v. Ingersol, 88 Tenn., 52 ; 6 L. R. A., 308 ; 17 Am. St R., 870. 26 BLANK VOTES, DRAWING LOTS. a vote is a tie by reason of a candidate vot¬ ing for himself, the vote is lost." Four votes one way by a city council, the other four members refusing to vote, constitute a tie vote, and gives the mayor the casting vote. In counting a majority, blank votes cast must be counted." In a city council of five where two voted for a question and the other three on the ground of interest re¬ fused to vote, the question was not legally carried." When the votes of members per¬ sonally interested in the matter are neces¬ sary to carry an appropriation, it is lost" In case of a tie vote, an election cannot be determined by lot without the authority of a law to that eflPect." It is lawful for a meeting, by rule or mo¬ tion, to drop the candidate receiving the least number of votes." Those excluded from exercising the fran- 33. Höring v. State, 116 Ind., 458 ; 19 N. E 151 34. Lautz V People, 113 111., 137 ; 55 Am. Ren 405 35. State v. Chapman, 44 Conn., 595. 36. Coles V. Trustees, 10 Wend., 659. 37. San Antonia v. Adams, 87 Tex., 125 • 26 «5 w 1040. Hill V. Rich, 119 Mo., 9; 24* S W 38. Beck v. Board, 103 Mich., 192 ; 61 N W ' 346 39. Wheeler v. Com., 98 Ky., 59 ; 32 S. W., 259, VOTERS. PROXIES. 2T chise by the laws of the state, as minors, idiots, insane, convicts and aliens, cannot vote. Also, those present but not members of the society, cannot vote. A person in¬ eligible to vote is ineligible to office unless otherwise specially provided. If the same name is written on one ballot several times it shall not be rejected, but counted as one vote; but if two or more names for one office are. on a ballot, it is void. There must be no reasonable doubt about a ballot before it can be counted. A name misspelled but giving the same sound may be counted. Votes for an ineligible are not counted. On a tie vote, with or without the chairman's vote, the question is lost. Voting by proxy is generally provided for by the laws of the state for stock corpora¬ tions. In other corporations and societies, members cannot be represented by proxies unless the state laws or laws of the society provide therefor. Order of Business.—An order of business is a table of headings under which matters are orderly arranged so as to constitute an outline of a calendar for a meeting. A care- 28 ORDER OP BUSIKESS. ful chairman will see that the calendar is made up in advance, instead of going ahead without one and asking from time to time, "What comes next?" All matters on a cal¬ endar that are not disposed of at one meet¬ ing of a series, go over to the next meeting as unfinished business; but matters do not so go over from one session or convention to another without a special provision therefor. The following, which may be varied to suit occasions, is the usual order of busi¬ ness in organizations: 1. Opening exercises. 2. BoU-caU. 3. Beading and approval of minutes. 4. Communications. 5. Beports of officers and committees. 6. Unfinished business. 7. New business. 8. Adjournment. Duties of Chairman.—Numerous are the chairman's duties: he should always be, on time and call the meeting to order promptly ; he should be an example of order, and keep the meeting in order; he should foUow the CHAIRMAN'S DUTIES. 29 calendar, do no unnecessary talking nor enter into debate while in the chair; he should be impartial and give the floor to the, one who has the best right to it instead of the shouter or one who is always ready to jump it ; and he should protect the health of the people against drafts and by proper ven¬ tilation, and protect their bodies from in¬ jury. He should stand when speaking or putting a motion or taking a viva voce vote in large or formal meetings. In small, in¬ formal meetings and in committees, except¬ ing committees of the whole, the chairman need not stand. The chairman may second a motion. Also, ïe may hold the office of secretary." If the chairman declares a meeting ad¬ journed without a vote or contrary to the vote of the majority, excepting when the time to adjourn is flxed and has arrived, or if he abandons the chair, or refuses to act, a new chairman may be elected and the meeting continued." If the chairman re¬ fuses to put a motion, an appeal should be 40. Budd v. W. W., 2 W. Ter., 347 ; 7 Pac., 89,6. 41. 19 Cent. Dig., 215. 30 CHAIRMAN'S DUTIES. taken to the house instead of a member's putting it." But if put by a member and carried, it is legal." The chairman is the representative of the bouse and should sign all orders; be may name any member to preside temporarily in bis place, but not beyond an adjournment; be has the right to speak first on all mat¬ ters of order; and at the time fixed for ad¬ journment, be adjourns the bouse without a motion. The chairman of a meeting is, in the absence of a regular presiding officer, chairman of the adjourned meeting. When a meeting becomes so disorderly or the place renders it impossible to do busi¬ ness, the chairman may retire and call the meeting to order at some convenient adja¬ cent place where all who have the right and desire to conduct an orderly meeting may attend." The presiding officer has, generally, the casting vote in case of a tie ; and in casting such tie vote, be may give bis reasons tbere- 42. state v. Lashar, 71 Conn., 540 ; 42 At., 636. 43. Hicks V. Longbrancb, 69 N; J. L., 300 ; 54 At.. 568; 55 At., 250 44. Com. V. Paterson, 158 Pa. St., 476 ; 27 At., 998. ROUTINE WORK. 31 for without leaving the chair. He speaks of himself as "The Chair." Ladies in the chair are addressed as "Madam Chairman." The word chairwoman does not seem to have at¬ tained sufficient authority to be used. Routine Work.—The presiding officer usu¬ ally does not wait for a motion to be made in unimportant matters or routine work when a vote is required, but assumes that a motion has been made, and says: "It has been moved and seconded that," and so forth. If anyone should raise the point of order that there is no motion before the house, there should be no vote taken unless a motion will first be made and seconded. Also, informal remarks may be allowed, opinions asked for and suggestions made. A good presiding officer expedites work under this rule. Also, a mover may, with the concurrence of his second, agree to a change of his mo- ■> tion or consent to an amendment. Things done without objection are pre¬ sumed done by unanimous consent. But a demand for the orders of the day is equiv¬ alent to an objection. 32 VICE-CHAIRMAN'S DUTIES. Vice-Chairman's Duties.—In the absence of the chairman, the vice-chairman acts. In the absence of both chairman and vice- chairman, the house elects a chairman. "When the time to call a meeting to order has arrived, and neither the chairman nor vice-chairman is present, the secretary should call the meeting to order and proceed to have a chairman elected; and in default of all of said officers, any member has the right to call the meeting to order and pro¬ ceed with the election of a chairman, as stated in Chap. 1. The authority and func¬ tions of the vice-chairman, or any person elected to act as chairman, while presiding, are exactly the same as those of the chair¬ man. Unless otherwise provided in the laws of an organization, the vice-chairman has no other duties to perform. Secretary.—The secretary should prepare a calendar for the chairman, make a note of every motion -and the mover's name, and when the motion is not in writing, he should take it down fully as stated by the chairman. Also, every other matter that is SECRETARY'S DUTIES. 33 required by rule or law (as that there was a quorum) or that might he of interest thereafter, should he entered. When the record states that there is a quorum, it is presumed to continue during the meeting unless the contrary is proved." When the chairman declares a motion carried and it is entered in the minutes and the minutes are subsequently approved, it is too late to question the vote in the absence of fraud." All minutes should he written first on waste sheets that should he preserved until after the minutes are subsequently transcribed into the hook kept for that purpose and adopted. When minutes are adopted they become part of the record, hut not before. All amendments, erasures and interlinea¬ tions in the record should he certified by the secretary at the end and then signed by him." All documents belonging to the files and records should be kept by the secretary and, when required, be read by him. 45. state ▼ Ellington, 117 N. 0., 158; 23 S. E., 250; 53 Am. St., R., 580; 30 L. R. A., 532. State t. Hutching, 33 Neb., 335 ; 50 N. W., 166. 46. Hlcka t. Longbrancb, 69 N. 3. lt., 3(K>; 54 At., 568. 47. Mann v. Le Mare, 109 la., 251 ; 80 N. W., 327. 34 TREASURER'S DUTIES. AMOTION. In the absence of the chairman and vice- chairman, the secretary calls the meeting to order and proceeds with the election of a chairman. Also, he puts the motions con¬ cerning the chairman. Treasurer.—The treasurer should receive no money without a written entry of the amount, the name of the giver, and the pur¬ pose for which it was given; and he should pay out no money only as appropriated, and then he must take and keep a voucher (re¬ ceipt or order) therefor. This rule cannot be violated without great danger of the treasurer's being accused of dishonesty, al¬ though his only fault may be incompetency. Amotion.—^It is the inherent lawful right of all organizations to amove (expel from office) any officer who has been convicted of an indictable offense, or who has wantonly violated its by-laws so as to endanger its franchise, or who arbitrarily refuses to rec¬ ognize the majority, or who has committed a gross fraud or libel on the organization, or who has assaulted a member at the place of meeting, or (in a society of professional men) a member who has been guilty of COMMITTEES. 35 grossly improper professional conduct, or one who has lost his membership in the church or a religious society. Also, an offi¬ cer may be amoved for any other causes provided for in the constitution or by-laws of the organization, if they are reasonable." Committees.—In all organizations a great deal of the work is done by committees. Usually there are standing committees whose duty it is to carefully examine into and re¬ port to the house upon all matters referred to them. When there is a matter that does not seem to fall within the functions of one of the standing committees, it is referred to a special committee. A committee should sometimes be made up of those only who are favorable to a matter, as when the act must be done and the only question is as to the manner of doing it ; but usually a variety of opinions is good in a committee. If a committee agrees on a report, it is sufficient for the chairman only to sign it; but when the committee cannot agree, those who can agree upon a report should sign it. The one signed by a majority of the com- 48. state v. Archibald, 5 N. D., 359 ; 66 N. W., 234. 36 COMMITTEE'S REPORT. mittee is the committee's report; and any other report made by members of the com¬ mittee, may be designated as a "minority report." All important matters should he reporte^\ in writing. The chairman of the committee or some member appointed for the purpose ' should present the report to the house. . When the committee has finished its work it is ready to report as soon as the house is ready to receive the report. Usually the chairman calls for the reports of commit¬ tees. If the chairman calls for the report,, there is no need for any motion to receive the report; but if the report has not been called for as soon as the committee is ready, to report, a motion may be made that the report of the committee he received. A common mistake is to move that the report of the committee be "accepted." The word "accept" should not be used. After the re¬ port of the committee has been made, either orally or in writing, it has been received by the house and is ready for adoption or re¬ jection as a main question, and a motion to adopt, reject or recommit is in order. The QUORUM OP .COMMITTEE. 37 report cannot be debated until a debatable motion has been made concerning it. A majority of a committee is a quorum. The first person named on the committee, and, in his absence, the other members re¬ spectively in the order in which they were named, is chairman, unless the committee deems fit to elect a chairman, which it has a right to do. Meetings of the committee should be called by its chairman or any two of its members. Without leave of the house, a committee must not hold meetings while the house is in session; neither should the house do business when the committee is in session by order of the house, as every mem¬ ber has a right to be present during the transaction of business before the house and he may justly refuse to act on the commit¬ tee while the house is doing business. When a committee makes a full report it is ipso facto terminated. If it reports its work unfinished, the committee still has the matter in hand until its discharge. After the report has been disposed of, a vote to discharge the committee is uncomplimentary and unnecessary. 3S MEMBER'S DUTY. A committee never adjourns ; it rises. The proper form of the motion is : "I move that the committee now rise." Member's Duty.—Every member is in law and honor bound to observe order and be respectful to the presiding officer and the other members. No personal matters that occurred outside of the meeting can be dis¬ cussed; nor can personalities be used in the meeting. A member who violates this rule is "out of order," and the Chair or any other member through the chairman may call him to order. When a member is called to order he should instantly quit talking until the presiding officer rules whether he was out of order or not. If the chairman rules that he was out of order, he can¬ not proceed to speak without the consent of the house. If the member is not satisfied with the decision of the Chair, he may ap¬ peal to the house. Anyone who habitually violates this rule is fit only for a mob, and sufficient force may be used to put him out of the meeting. Also, he may be arrested for disturbing the meeting. Discipline, Censure, Fine, Suspension, Ex- DISCIPLINE OP MEMBERS. 39 pulsion.—Every body of people lawfully con¬ vened, has authority and power to keep or¬ der. Any person who persists in disorder at a meeting may be censured or ordered by the chairman to leave, and if he will not go out, he may be put out of the house or ar¬ rested. Censure consists of naming the per¬ son and telling him of his disorder; or in a more formal way the house passes a vote of censure or votes that the Chair censure the disorderly. In organizations of continuing membership, as in societies, a member may be fined, suspended from membership, or expelled from membership, on due notice and a fair trial, as provided in the laws of the country or the by-laws of the organiza¬ tion, for any cause for which an officer may be amoved.** However, it must be remem¬ bered that no member can be suspended or expelled from membership in a stock cor¬ poration or a business organization where such expulsion would confiscate his property or injure his property rights ; but he may be fined or expelled from the meeting at which he is disorderly. (See "Point of Order.") 49, People v. Am. Ins., 44 How. Pr., 468. 40 FLOOR, RIGHT OF. Floor.—The Chair has control of the floor, subject, however, to the authority of the house, and a member can get the floor from the Chair only, except on appeal to the house; and the member forfeits it by be¬ coming out of order. When several claim the privilege of the floor at the same time, the Châir decides who is entitled to it, and unless his decision is reversed on appeal to the house, it is final and binding on all the members. When a member has the floor he may tem¬ porarily yield it to another to ask a ques¬ tion, state a fact, explain his words, or call attention to an error in the languagé of the question; and he must yield the floor on a caU to order by the chairman, a call for the orders of the day, an objection to the con¬ sideration of the question, or a question of privilege. But if a speaker yields the floor for another to make a debatable motion con¬ cerning the main question, or to make a motion that would take the consideration of the question from before the house, he loses his right to it. When without the fault of a member who MOTIONS CLASSIFIED. 41 has the floor, time is lost by interruption under the rules or by disorder, it is not de¬ ducted out of the time to which he is en¬ titled. Chapter IV. MOTIONS, QUESTIONS. Motion, Question.—A motion is a proposi¬ tion submitted to "the house" (convention, assembly, committee or other deliberative body) for its judgment and decision. All business should be brought before the house by a motion, which is called the "principal motion," and after it has been put by the presiding officer, it is the "main question." If subsidiary, privileged or incidental mo¬ tions be made while the main question is pending, the last put is the question before the house. The house has control of the question and the mover cannot withdraw it ■without leave. A question that has been carried is usually designated as an "order," a "rule," a "vote," or an "act." A society orders something done, takes a vote, makes rules and enacts by-laws. Motions are divided (1) as to Rank, and 42 RANK, EXPLANATION. (2) as to Principal, Subsidiary, Privileged, and Incidental. Rank of Motions.—The rank of a motion is determined by the cause or necessity giv¬ ing rise to it. The word "rank" is used in its sense of relative grade, as the rank of an ofScer. While a question is before the house, a motion of equal or lower rank cannot be received, unless otherwise specified; but one of higher rank may be made, if relevant. Those motions having "2/3" after them require an affirmative (except "considera¬ tion of the question," which requires a neg¬ ative) vote of two-thirds, and all other mo¬ tions require only a majority vote to pass them, unless the society has adopted some other rule. Explajiation of Rank.—When a main ques¬ tion only is before the house, the following motions may be duly made and seconded and all pending: (1) To postpone indefi¬ nitely; (2) To amend; (3) To amend the amendment; (4) To commit; (5) To amend the motion to commit by changing time or giving instructions; (6) To postpone to a time certain; (7) To amend the motion to MOTIONS, EXPLANATIONS. 43 postpone to a time certain by changing the time; (8) The previous question; (9) To lay on the table; (10) To adjourn. Other priv¬ ileged and incidental motions might be put in, but for our purpose the foregoing list is sufficient. The foregoing ten motions must be dis¬ posed of in their reverse order: First, the motion to adjourn, which, if carried, ad¬ journs the house and all business to the next meeting; but if lost the motion does not affect the business before the house. Then the question to lay on the table will be before the house. If this is carried (if it applied to the main question), it disposes of the main question and all other pending questions concerning it for the present; but if it is lost, then the previous question is before the house, which, if carried, cuts off debate on all questions to which it was ap¬ plied; but if lost, debate will be in order on the next motion. The last question being lost, the house re¬ verts to the question to postpone to a time certain. If the motion is carried, the main question with all its pending subsidiary mo- 44 MOTIONS, EXPLANATIONS. tions goes over to the time fixed ; but if the motion be lost, it cannot be renewed during the day. The motion now before the house is to amend the motion to commit, which does not affect the main question, and, whether lost or carried, leaves the question to com¬ mit before the house. If the motion to commit prevails, the main question with all amendments goes to the committee and is thus taken from before the house; but if the motion be lost, it leaves the question on the amendments pending. The last motion being lost, the motion to amend the amendment must next be taken up, and if it be lost, the amendment to the main question is before the house; but if it be carried, then the amendment as amended will be before the house. If the amendment as amended prevails, then the main ques¬ tion as amended will be the final question before the house, and all others die. But if the question on the amendment as amended is lost, then the question to post¬ pone indefinitely is the next motion before the house ; and if it be carried, it disposes of designation op rank. 46 the subject for the session ; but if it be lost, it cannot be renewed during the day on the same question in its present condition, and the main question is the only one before the house. All of the foregoing procedure is easily understood by a careful study of the table on the following page, which is the key to the whole subject, and, if mastered, will, with a little practice, make a student pro¬ ficient in the rules of order. Designation of Rank.—^In studying the "Table of Motions in Rank," observe: Figures in parentheses indicate exceptions explained on the pages given; Italics indicate that the question is de¬ batable only when no other question is be¬ fore the house; Small capitals indicate that the motion is debatable only when a debatable motion is applied to it; "CeXt indicates that debate is allowed only on the motion itself; Bold-faced type indicates that debate is allowed on both the motion itself and the main question. 46 TABLE OP MOTIONS IN RANK. Table of Motions in Rank (see pp. 45, 57) : 1. Point of- order (p. 79). f 2. To "withdraw appeal or motion (p. 102). t 3. Appeal from decision of the Chair on indecorum or pending previous Q.t 4. Suspension of a rule (p. 99). 4. Motion to reconsider (p. 92). 5. To fix a time to which to adjourn. 5. To adjourn when the time is fixed.f 5. To take recess when time is fixed.f 6. Q. OP PRIVILEGE OF THE HOUSE (p. 89). 6. Q. OP PRIVILEGE OP A MEMBER (p. 89. 6. Reading of papers (p. 90).f 7. Orders of the day.f 7. To take up a question out of order ^.f 7. To make a special order of the day ^.f 7. To limit debate 7. Consideration of the question, ^ noes.f 8. To lay on the table, f 9. The previous question. 10. Hppeals from the Chair, except** 3,** 11. Co postpone to a time certain.* 12. Co Commit (or refer).* 13. To amend.* 14. To postpone indefinitely. 15. The principal motion (main question). •May be amended. t Not debatable. 1 ^ SUBSIDIABX MOtlONS. 47 Subsidiary Motions are those which may be made concerning another question, to-wit : To Suppress Action: . Point of order (p. 80). Objection to consideration, ^ (p. 70). To withdraw a question (p. 102). To Defer Action: To lay on the table. To postpone to a future time. To commit. To Expedite Business: To suspend a rule To take up out of order The previous question To limit debate y^. When the Question is Unsatisfactory: To divide the question. To commit or recommit. To amend. To Avoid Direct Vote: To postpone indefinitely. When Reversal of Action is Desired : Reconsideration of question. To rescind or repeal (p. 95). To expunge from the record (p. 72). 48 PHIVIL.EGED. INCIDENTAL. Privileged Questions.—Questions that af¬ fect the order, integrity or general welfare of the house, are privileged; that is to say, a matter of business must give way to them. A speaker who has the floor may he obliged to relinquish it a suflScient time to dispose of a "privileged question" that relates to order, or a "question of privilege," or the orders of the day. The other privileged questions cannot be considered while a mem¬ ber has the floor and depend wholly upon their rank. The following motions raise privileged questions: To fix a time to which to adjourn. To take a recess, when time is fixed. To adjourn, when time is fixed. Question of order. Question of privilege of the house. Question of privilege of a member. Orders of the day. Incidental Qu/istions.—Incidents occur in the transactions of a meeting, that require immediate attention. Any question may raise one not forming an essential part of it. Such questions are disposed of on their ap¬ pearance. Here are the principal ones: MAKING MOTION. 49 Appeal from the decision of the Chair. Entry of motion to reconsider. To suspend a rule. / To obtain leave to read a paper. To have a paper read. Leave to speak. ' V Chapter V. ^ PROCEDURE. How to Make a Motion.—A member who desires to make a motion should stand and address the presiding ofiBcer, as "Mr. Chair¬ man" ("Grand Knight," "Worthy Chief," or hy whatever name the presiding officer is designated). Unless a member observes this rule, he is not entitled to notice and he is out of order if he interrupts the meeting by talking or even standing. The presiding officer will recognize him by mentioning his name, as "Mr. Brown." If the chairman does not know his name, he will designate the member who is entitled to the floor by an applicable designation that will make known to the house who is recognized, as "the gentleman on my right," "the gentle¬ man from Fox County, ' ' etc. Then the mem- 4 50 SECONDING MOTION. ber will make his motion and immediately be seated. A person may make two motions at a time if the latter is of higher rank than the former. Circumlocutions such as, "I move you, now, sir," "I move this honor¬ able body," "I move this house," "I beg leave to move the members," and so forth, are bad forms. Meetings are held to do busi¬ ness, and plain, respectful, direct motions are by far the best forms. A motion cannot be made after a vote has been ordered, during the taking of the vote; and an irrelevant motion is always out of order. Seconding Motions.—A member need not wait to be recognized to second a motion, excepting in societies that have a form of salutation for the presiding officer. This is a very important distinction between mak¬ ing and seconding motions. When more than one motion has been made, the first one seconded must be put first. The presiding officer may second a motion where he has the casting vote; e. g., in a committee or board of three. Otherwise for want of a second one member could prevent the do- PUTTING QUESTION. 51 ing of any business by refusing to second a motion and objecting to .the putting of a motion without a second." The following motions do not require a second : A question of order. Objection to consideration of a question. A call for the orders of the day. Putting the Question.—The chairman should put oral motions so as to convey the intent of the mover in good form and lan¬ guage, and the secretary should so take it down. The chairman is not obliged to state the motion in a bungling form as presented by the mover, unless it is in writing. If the mover is not satisfied with the way the chairman puts the motion, he should rise to a question of privilege and state the motion in the form he wants it, or ask leave to put it in writing; or the chairman may order it put in- writing. When a motion is made concerning the chairman, it is put by the secretary or mover. ' Every duly made motion must be put by the chairman, excepting it is concerning 50. state v. Archibald, 5 N. D., 359 ; 66 N. W., 234. 52 PUTTING QUESTION. himself or he declares it out of order. When a motion is declared out of order by the chairman, an appeal may be taken from his decision. If the house reverses the ruling of the chairman and he then arbitrarily refuses to put the motion, it may be put by a member or the chairman may be amoved and a new chairman elected." / As soon as the chairman"" states the mo¬ tion, it is before the house. If it is a de¬ batable question,- it is ready for discussion. If it is not debatable, the chairman imme¬ diately puts it to a vote. No debate is proper before the question has been stated by the chairman. The chairman first puts the affirmative of the question, in substantially the following form: "As many as are in favor of (the motion), say Aye." And then, after wait¬ ing long enough for all to vote, he puts the negative thus: "As many as are opposed, say No." If all the members vote "aye," it is not > necessary to put the negative." But if only 51. state V. Lashar, 71 Conn.. 540 ; 42 At., 636. Hicks V. Longbranch, 69 N. J. L., 800 ; 54 At., 568. 52. Town V. Baker, 76 la., 220 ; 40 N. W., 818. DECIDING VOTE. 63 a minority vote, the negative must be pijt, else the action is void.** If the vote is close the chairman says, "The ayes (or noes) appear to have it." If a division of the house is called for before any other motion is made or other business is begun, it should be granted. If no such request is made, the chairman announces that "The question is carried," or "The question is lost," as the case may be. When the Chair declares the result of a vote and it is entered in the minutes and the minutes subsequently approved, it is too late to question the vote, excepting for fraud.** Up to the time the negative is put, a debatable question is open for debate. Also, until the chairman has announced the vote, a member may change his vote, excepting on a secret ballot. 68. Hand v. Deady, 79 Hun., 75 ; 29 N. Y. Supp., 633. 54. Hicks V. Longbrancb, 69 N. J. L., 300; 54 At., 568. Gipson y. Morris, 31 Tex , 645 ; 73 S. W., 85. 54 Chapter VI. DEBATE. Debate.—Unless some other rule has been adopted, every member has a right to be heard once for ten minutes on every debat¬ able question. And when a new debatable subsidiary mo¬ tion is made, a member is entitled to speak again, notwithstanding that the discussion of the new question, as an amendment, may include the old one. However, no member has a right to speak except from his proper place nor until he has been recognized by the chair. The person who rises first is generally entitled to the fioor; but if the person who made the motion or who read the report rises before the floor is given to another, he should be recognized first, and at the end of the debate be allowed five min¬ utes to close. When a member gets the floor he cannot open debate on the plea that he intends to make a motion; but he may state why he makes the motion, if there is something un¬ usual about it or he makes the motion on DEBATE, RECOGNITION. 55 request. Debate cannot precede the putting of a question. The presiding officer should recognize al¬ ternately those for and against the question, and extend the courtesy of the preference to a new member. Everything else being equal, he should recognize the most distant as frequently as the nearest, and the young as often as the old. A member always addresses the Chair as "Mr, Chairman" (or "Madam Chairman,"), or in the form required by the special rule of the society, and not "ladies and gentle¬ men," nor "fellow citizens," nor "breth¬ ren," etc. Reading a speech or papers without leave is prohibited in debate. Also, it is not allowable to mention a member's name, or to refer to him in the second per¬ son, or arraign his motives, or to use per¬ sonalities in debate; but when reference to another member is necessary, he must be described as "the gentleman who last spoke," "the delegate from Buncombe County," or "the member on my left." If a member desires to ask another a question, he must obtain leave to do so 56 DEBATE, ASKING QUESTION. through the Chair, by rising and saying, "Mr. Chairman, I desire to ask the gentle¬ man a question." The chairman may say, "If the gentleman has no objection, you may do so." The speaker may respectfully decline to answer any question, or may an¬ swer the question as a courtesy. When a member rises to ask a question he must ask his question in terse language and then sit down. He cannot discuss his question. The question that he asks the speaker must be relevant to the discussion, be propounded respectfully, and must not reflect on the speaker or the house, else it is out of order. Indecent or profane language, coughing, hissing, spitting, whispering, or walking about the room, is disorderly conduct. Also, calling "question" or "time" so as to in¬ terrupt a speaker who is in order, is dis¬ orderly. When a member is called to order for the use of disorderly words in debate, the words must be taken down at once, before further debate or business, or they cannot be re¬ ferred to subsequently for the purpose of disciplining or censuring the speaker. DEBATE, EXPLANATIONS. 57 A member who has spoken on the ques¬ tion before the house may rise again to state a fact, or to explain something that he said that is misconstrued, or to call at¬ tention to an error in or faulty manner of the wording of the question; but he must confine himself to that only. When the chairman rises to speak on mat¬ ters of order, or to call someone to order, or to give directions concerning a priv¬ ileged matter, as ventilation or heat, or di¬ rect the doing of something necessary, the speaker sits or is silent. However, the chair¬ man should try to designate beforehand his intention, and break in at a period. When¬ ever the chairman desires to enter de¬ bate, he should first call the vice-chairman or some other member to preside. Except on points of order, the chairman may not speak from the chair without leave of the house. After debate has been begun on a ques¬ tion, the only motions that shall be received are the following, in the order of their rank, to-wit : ADJOURNMENT. 1. To adjourn. 2. To lay on the table. 3. The previous question. 4. To postpone to a day certain. 5. To refer. 1 6. To amend. 1 7. To postpone indefinitely. ^ Chapter VH. MOTIONS ALPHABETICALLY ARRANGED. Adjourn.—A motion to adjourn when the time of the next meeting is fixed, is a priv¬ ileged question and always in order except¬ ing when a member is speaking, or a point of order or an appeal that is not debatable is before the house, or a vote is being taken, or a similar motion has just been defeated. A motion to reconsider another question may be made and entered in the record, but no further action can be taken thereon when a motion to adjourn is before the house. The motion to adjourn is not debatable, and cannot be amended, laid on the table, committed, postponed, reconsidered, or made ADJOURN, QUORUM. 59 in a committee of the whole. If the motion to adjourn is defeated; there must be some intervening business done before the Chair will receive another motion to adjourn. The motion is simply to adjourn. If it is quali¬ fied by adding a time, it is a main question. Every question that permits of discussion discussion may be resumed ing. Less than a quorum may adjourn, and when there are regular meetings to be held daily, may adjourn from day to day, but otherwise cannot fix a time to which to ad¬ journ, and cannot do any other business. If the time to adjourn is fixed, when it ar¬ rives the chairman may adjourn the meet¬ ing without a motion. The meeting is not adjourned until announced by the chairman, excepting when, contrary to the vote of the majority, he arbitrarily refuses to declare the meeting adjourned, when the same ac¬ tion may be taken by the house as in case where the chairman refuses to put a motion. When a charter provides that "the vote of the Common Council shall, in all cases. is subject to the motion 60 ADOPT, AMENDMENT. be taken by ayes and noes, and every vote shall be entered at length in the journal," it does not apply to a motion to adjourn, but relates to the doing of business." Form: "I move that this meeting do now adjourn." Adopt.—motion to adopt is a main question and is applied only to a resolution after it has been read or a report after it has been received. A common error is to use the word "accept" instead of "receive" or "adopt." To avoid confusion, the word accept should not be used. Form: "I move that the resolution be adopted." Amendment.—This motion is subject to all the motions on the question to which it is applied. If the main question is debatable, the amendment is; otherwise, it is not. If an amendment is committed, postponed, or laid on the table, it takes with it the main question, excepting that when an amend¬ ment to the minutes or rules is tabled, it does not table the minutes or rules. Also, if the main question is committed, postponed, 55. City V. Brauns, 50 Wis., 204; 6 N. W., 503. AMENDMENT. 61 or laid on the table, it takes with it all pend¬ ing amendments. An amendment must be put before the main question. No amend¬ ment can be made after debate has been closed by putting the question, or after the previous question, to postpone, or to lay on the table, has been ordered. A question may be amended by "adding," "striking out," striking out and insert¬ ing," "substituting," or "dividing" the question. The motion to "strike out" and "insert" cannot be divided. Also, an amendment must be germane to the question. The question to commit can be amended only by designating the committee, changing the committee, or giving the committee in¬ structions; and the question to postpone to a time certain, to take a recess, to make a special order of the day, and to limit time in debate, can be amended only as to time. Two independent amendments cannot be pending at the same time, unless one is moved a^ -a substitute for the other. The substitute may itself have an amendment applied to it, but it cannot be put until after an amendment to the first proposed amend- 62 AMENDMENT. ment has been disposed of, so as to leave the simple amendment; then the,substitute may be put for the completed amendment. A by-law requiring a two-thirds vote may be amended or repealed by a majority vote in the absence of a law of the state or society to the contrary." A motion to reconsider a vote on an amendment is allowable only before the vote is taken on the main question or after a motion to reconsider the main .question is carried. To divide a question is made a distinct motion from • to aménd by some authors. There seems to be no good reason for treat¬ ing them separately, as the same rules apply to them. No motion to divide an amend¬ ment from the main question is allowable: but a main question may be divided into several and then each be disposed of sep-» arately as a main question, only one being before the house at a time. Any division of, a question may be divided again; and a motion to divide máy be amended to divide the question in a different manner. A mem- 56. Richardson v. U. C. S., 58 N. H., 187. AMENDING AMENDMENT. 63 ber may amend his own motion or accept an amendment proposed by another, before it has been put by the chairman. The numbering of paragraphs and sections is not an amendment and is usually done by the secretary. Debate on an amendment allows discus¬ sion of the main question. A member who has spoken in debate on the main question may again speak on each amendment. Forms: "I move to amend the question by striking out the words 'when the work is finished,' where they occur in the second line." "I move to amend by striking out the word 'six' and inserting the word 'ten' be¬ fore the word 'dollars.' " "I move to amend the resolution by strik¬ ing out all after the first word and substi¬ tuting the following:" (Give in full.) "I move to divide the question as fol¬ lows:" (Give divisions.) Amendmeiit of an Amendment.—An amendment to an amendment or an amend¬ ment to a substitute is subject to all the motions of the ordinary amendment, except- 64 AMENDMENT OP RULES. ing that it cannot be amended. If the amend¬ ment is not satisfactory it should be voted down and then another amendment to the amendment may be made. The amendment to an amendment must be put before the substitute or the amendment to the main question. If the motion is carried, the chair¬ man then puts the amendment as amended ; and if that motion is carried, he puts the substitute, if any, and then the question as amended. Form: "I move to amend the amend¬ ment by striking out the words *ten dol¬ lars.' " Amendment of Rules.—This is a main question and its only peculiarity is that it requires a two-thirds vote to carry it. How¬ ever, it must be borne in mind that only the body having the authority to make rules has the power to amend them. The motion should be very definite and prior notice of the motion should he given or it should go over to the next regular meeting. If there is any provision in the rules or by-laws of the organization for the amendment of the rules it must be strictly followed. APPEALS FROM CHAIR. 65 A by-law or rule that requires a two- thirds vote on a motion may, in the absence of a law or rule providing otherwise, be amended or repealed by a majority vote." Form: "I move to amend Sec. 1, Article 3, of the Rules, by adding at the end thereof the following sentence: 'Notice may be given by mail.' " Appeals from Decisions of the Chair.—^An appeal may be taken from any decision of the Chair, to the house, excepting when an appeal is pending. It is in order when a member has the floor. A point of order may be raised during an appeal, which must be decided by the Chair, from which there is no appeal. The house may subsequently affirm or repudiate the decision of the Chair. An appeal must be seconded, cannot be amended, and if it relates to the indecorum of a member, or the priority of business, or is taken when the previous question is pend¬ ing, it is not debatable; otherwise it is a debatable question on which one speech from each member is allowed. When debat¬ able it is subject to the motions to adjourn, 57. Richardson v. U. C. S., 58 N. H, 187. 66 COMMIT OR REFER. to lay on the table and the previous ques¬ tion. On a tie vote on the appeal, the de¬ cision of the! Chair is sustained, as it re¬ quires a majority of the votes cast to over¬ rule the Chair. An appeal cannot be taken after any busi¬ ness intervenes. When an appeal is taken the chairman has a right to give his reasons for his rul¬ ing without leaving the chair, before recog¬ nizing anybody else who desires to be heard on the appeal. If the house reverses the decision of the Chair he must submit or he may be amoved. Forms: Member: "I appeal from the decision of the Chair." Chairman: "Shall the decision of the Chair stand as the judgment of the house? As many as are in favor of sustaining the decision of the Chair, say 'Aye.' (Pause.) Those opposed, say 'No.' " Commit.—This motion may be applied to any principal motion, amendment or ques¬ tion of privilege, and is debatable only on the question to commit. It may be made when a motion to amend or to postpone in- COMMIT. 67 definitely is before the house. Also, it may be amended by giving the committee in¬ structions, changing the number of the com¬ mittee, or referring the matter to a different committee, which is a "rank" exception. The motion to postpone to a time certain is not relevant to the motion to commit ; but a motion to postpone the main question to a time certain may be received while the mo¬ tion to commit is pending. When a motion to commit prevails, it takes the question from before the house and no motion can be entertained concerning the main question excepting the motions to reconsider, to re¬ ceive the report of the committee or to recall, while a question is committed. If the motion to commit be laid on the table it takes with it the main question and all pending amendments. One clause of a question or one of several resolutions may be committed. If a motion to reconsider the question to commit prevails, it brings the question to commit back from the com¬ mittee to the house. When it is desirable to refer a matter to a committee, the number of the committee 68 COMMITTEE OP THE WHOLE. and by whom appointed may be included in the motion. Unless the motion provides for the appointment of a committee, or a subse¬ quent motion does, in the absence of a spe¬ cial rule the house has the right to name the members of the committee. Forms: First Member: "I move that the matter be referred to the committee on claims," or "I move that the question be referred to a committee consisting of one member from each lodge, to be appointed by the Chair." Second Member: "I move to amend by adding the words 'and that the committee be empowered to settle all claims and re¬ port thereon at our next meeting.' " Committee of the Whole.—When freer dis¬ cussion of a question than can be had in an open meeting is, required, or it seems de¬ sirable to keep no record of the proceedings in the minutes, the house usually resolves itself into a committee of the whole, thus preventing the committee's proceedings from becoming a part of the minutes of the meeting. The secretary of the house acts as secretary of the committee of the whole. COMMITTEE OF THE WHOLE. 69 and keeps minutes for the committee only, but must carefully keep any proceeding be¬ fore the committee oüt of the minutes of the meeting. Whatever the committee of the whole reports to the house is put into the minutes of the meeting. A majority con¬ stitutes a quorum. When a motion to refer a matter to a "committee of the whole" is carried, the chairman calls some member to the chair, who should be addressed as "chairman" during the committee's proceedings, no mat¬ ter by what title the regular chairman is known. The chairman of the house takes a place as a member of the body. The manner of business before the com¬ mittee is similar to that of the house, and the rules of the house shall be observed in the committee so far as they apply; but a motion to adjourn, lay on the table, to re¬ consider, to commit, to postpone, or a ques¬ tion of privilege, cannot be received ; and there is no limitation on debate excepting by a special rule of the house. When the com¬ mittee is ready to report, someone moves that the committee "rise" (which is similar 70 COMMITTEE OP THE WHOLE. to adjourn in the house), and if the motion is carried the chairman of the house takes the chair and the chairman of the commits tee takes his former place in the body and reports the proceedings of the committee to the house. If amendments have been re¬ ported by the committee of the whole, they must be first taken up in the order re¬ ported; otherwise the report is subject to the same motions as the report of any other committee. When the committee becomes disorderly or it is necessary to take action that is not within the power or authority of the com¬ mittee, it should "rise." Forms: Member: "I move that the house resolve itself into a committee of the whole to consider the question." Chairman: "It is moved that the house do now resolve itself into a committee of the whole to consider the question before the house." (State the question if it is not pending.) Member: "I move that this committee do now rise." Consideration of the Question.—When a CONSIDERATION—DISSOLVE. 71 main question is proposed, if there is doubt as to whether it is worth taking up the time of the meeting or there is some other good reason why it should not be considered, any member may have the question of its con¬ sideration determined before any further ac¬ tion is taken on it ; but not after debate has begun nor after a subsidiary question relat¬ ing to it has been considered. Motions of the first five ranks are the only ones that have precedence over it. It may be made when a member has the fioor, does not re¬ quire a second, cannot be debated, and a two-thirds "no" vote is required to prevent consideration of a" question. If lost, it can¬ not be reconsidered. Forms: Member: "I raise the question of consideration," or "I object to the con¬ sideration of the question." Chairman: "Will the house consider the question? Those in favor of considering the question, say aye," etc. Dissolve.—This motion usually is in the form to "adjourn sine die/' although some¬ times it is in the form to "adjourn." The motion is in order only, when the organiza- 72 EXPUNGE PROM THE RECORD. tion has completed its work and is ready to disband not to meet -again with the same members, as at the end of a session of the legislature, a political convention, or a mass- meeting. The motion to dissolve is a main question and debatable. The fact that it is made in the simple form to adjourn does not give it privileged rank. It would be best if the chairman would put the motion in its correct form. Forms: Member: "I move that this meet¬ ing adjourn sine die" or "1 move that this meeting do now dissolve." Chairman: "It is moved that this meeting do now dissolve." Division of tihe Question.—See "Amend¬ ment." Expunge from the Record.—This may be either a main or subsidiary question and if carried the obnoxious document is with¬ drawn or the offensive record is erased or obliterated. In such cases it is best to paste paper over the part of the record to be obliterated and make an endorsement there¬ on something like this: "Expunged from the record. May 1, 1907, John Fox, Secre- LIMITING DEBATE, FILLING BLANKS. 73 tary." It is much better to rescind action than to mutilate and stultify the record. Nothing should be expunged unless it is libelous, immoral or disloyal. Jan. 16, 1837, the United States Senate expunged from the record a censure passed against President Jackson in March, 1834. Form: "I move that (state exactly what) be expunged from the record." Extending Limits of Debate.^This motion may be made when another question is be¬ fore the house, and even when another member has the floor. It is not debatable, may be amended as to time and requires a two-thirds vote to carry it. Form: "I move that the time allowed for each speech oh the pending question be ex¬ tended to 20 minutes." Filling Blanks.—Often resolutions are in¬ troduced or motions made with* blanks pur¬ posely left, to be filled by the house, such as sums of money, dates, time, etc. Where sev¬ eral different amounts, or different dates, or different extents of time, are suggested, the chairman usually first puts the largest amount, the most distant date, and the long- 74 FIXING TIME TO ADJOURN. est time. There are no formal motions made, but the members suggest what they consider appropriate. If a formal motion were to be entertained, each suggestion would have to be voted upon as made, which would defeat the object of the rule. If no motion thereto is made, the blank is filled by the assent of the meeting. A member who is not satisfied with suggestions or is afraid that a wrong one may be adopted, should make a motion to cover his idea. It is in the nature of a main question. Forms: "I suggest $100." "I propose that we fix the time at one year." Fixing the Time to Which to Adjourn.— This motion has all of the characteristics of a main question, excepting that no subsidi¬ ary question can be applied to it only to change the time, and it is not debatable if made when another motion is before the meeting. If. there is no time to adjourn fixed, the motion to fix a time may be made at any time, even when there is another question before the house, excepting a point of order or an appeal therefrom. Also, it LAY ON TABLE. 76 may be made while a member has the floor, but it cannot interrupt the taking of a vote, a point t)f order or an appeal. It requires a quorum. The presiding officer should see that this motion is not overlooked. When there will be several sessions of an organ¬ ization, the hours of its meeting and ad¬ journing should be fixed before taking up other business. When there is a committee on organization, this is a part of its work. Forms: "I move that this house convene daily at 10 o'clock in the forenoon, take a recess from 12 to 2, and adjourn for the day at 5 in the afternoon." "I move that when this meeting adjourn, it adjourn until 10 o'clock tomorrow morn¬ ing." Lay on the Table.—This motion, which is neither debatable nor amendable, cannot be made in committee of the whole, and if lost in the house, it cannot be renewed on the same question during the same day. A ques¬ tion tabled can be considered again only by a motion to take off the table. Tabling an amendment, excepting an amendment to the minutes or the rules, car- 76 LEAVE TO SPEAK. ries with it the main question; and tabling a main question carries with it all pending subsidiary questions growing out of it. The minutes, the rules, or a report of a commit¬ tee of the whole, cannot be tabled. Laying an appeal on the table does not take the subject of appeal with it; nor does laying a motion to reconsider, lay the question to which it relates on the table. Form: "I move that the question be laid on the table." Leave to Speak After Being Called to Ord^.—This motion is not debatable, can¬ not be amended, and may be made only when a • debatable question is before the house. When a member becomes out of or¬ der in debate, he forfeits the floor and his right to speak. If there is no objection, a member may continue his speech ; but if any¬ one objects, the motion is necessary. Forms: Chairman: "If there is no ob¬ jection, the member may finish his speech. " Member: "I object." Member: "I move that the gentleman be allowed to continue his speech." Limiting Debate.—This motion requires a DEBATE, NOMINATIONS. 77 two-thirds afifirmative vote and is not de¬ batable when any debatable question is be¬ fore the bouse. It may come up as a main question ; but as it abridges free speech, the two-thirds rule applies to it. Form : "I move that the discussion of the question before the bouse, be limited to one hour." Objection to Consideration of a Question. —See "Consideration." Nominations.—This is similar to the mo¬ tion to fill blanks and is a main question, as one nomination is not an amendment to an¬ other. A fair and reasonable opportunity must be allowed to make nominations before de¬ claring or voting them closed; and a nom¬ ination of an eligible candidate that has been made and seconded before the voting is be¬ gun, is before the bouse, and votes cast for such nominee must be counted. The con¬ struction that affords a member of an or¬ ganization the greater liberty in expressing bis will or casting bis vote, is a rule of our courts." 58. Phelps V. Piper, 48 Neb., 724 ; 67 N. W., 765. 78 ORDERS OF THE DAT. Forms: "I nominate John Doe for chair¬ man." "I second the nomination of John Doe." Orders of the Day.—The order of busi¬ ness is usually fixed by a rule, and it is the duty of the chairman to follow the calen¬ dar ; but by a motion carried by a two-thirds vote, a matter may he set down for a par¬ ticular time when it will have precedence of all other business. The call for the or¬ ders of the day can be made when a member has the floor, but not so as to interrupt his speech. It ranks seventh, and cannot have any motion of lower rank applied to it. When some matter has been set for a par¬ ticular hour of the day, any .member may rise when the time comes and call the mat¬ ter up. If a special order is not taken up when the time comes, it loses its preference. A call for the orders of the day is not de¬ batable and does not require a second. The chairman may proceed with the orders of the day without motion. Forms: Member: "I call for the orders of the day." Chairman: "Will the meeting now pro- POINT OP ORDER. 79 eeed with the orders of the day? As many as are in favor of proceeding with the or¬ ders of the day, say aye. Those opposed, say no." Point of Order.—This question is first in rank and always in order, excepting that one point of order cannot be raised upon another. It arises from disorder in' the house or from taking up business out of its fixed order, or from irregularity or unlaw¬ fulness in the proceedings ; and it is not de¬ batable nor subject to any other motion when it relates to indecorum or priority of business, or when the previous question is pending; otherwise the chairman may or may not submit the question "to discussion. One of the anomalies of rules of order is that an appeal may be taken from the rul¬ ing of the Chair on a point of order, and another point of order may be raised during the appeal. However, the chair decides the second point of order arbitrarily, from which there is no appeal. Standing or walking about the hall, par¬ ticularly between the Chair and the speaker, smoking, reading papers, whispering, calling 80 POINT OF ORDER. "question," abusive language, calling a member by name, or using personalities, is out of order. The following are out of order for techni¬ cal reasons: (1), A motion that is contrary to the laws of the state or the laws or the rules of the organization; (2), an amend- Lment that is not germane; (3), a motion to postpone, to lay on the table, or to commit, that has been lost on the same question on the same day; (4), a motion of equal rank with or lower rank than the one before the house; or (5), a motion that is irrelevant. Under any of these a point of order may be reserved. A point of order must be raised immedi¬ ately or else it is waived; if raised at the proper time when it comes under the last paragraph, the member may urge it when he gets the floor to speak on the question. If an intervening motion be made or an¬ other speaker begins, or any other business is transacted before the point of order is raised, it is too late." ' i As every member who takes part in the 69. People t. Am. Ins., 44 How. Pr., 468 POINT OF ORDER. 81 proceedings is bound thereby unless he ob¬ jects at the proper time, this rule should be diligently used. Also, it is the duty of every member of a meeting to see that it is orderly conducted and that its business is done according to law and the rules of the organization. However, before a member rises to a point of order, he should know that his point is well taken. "A riser'* is one who frequently raises points of order and is not sustained half the times. The Chair has the right to speak first on an ap¬ peal on a point of order, and to give his reasons for his rulings without leaving the chair. While another point of order or an ap¬ peal is before the house, or a vote is being taken, the Chair rules peremptorily on points of order from which there is no ap¬ peal ; but the chairman may subsequently be called to account for an erroneous ruling and the ruling be repudiated by the house. When a member is called to order it is his duty to cease speaking until it is de¬ cided whether he was out of order or not; and if he was out of order, he forfeits the 82 POINT OP ORDER. floor and cannot again resume his speech, if objection be made, without leave of the house, which he must obtain either by an appeal from the decision of the Chair or by a motion of another member. Usually, in grave cases, a member who has. been de¬ clared out of order on account of disorderly language or actions, is not allowed to re¬ sume his speech, and the Chair need not re¬ ceive a motion or allow him to proceed, un¬ less he rises to a question of privilege and explains his words or actions. If his expla¬ nation is satisfactory, the Chair may receive a motion and allow him to finish his speech. A point of order arising out of a questiqn must be settled before that question. When a point of order has been denied for one rea¬ son, a new point of order may be raised for another reason. For the purpose of deciding a point of order, the chairman may refer to books, make inquiries, or take the matter under advisement. Decisions on points of order are subject to re-examination and de¬ cision by the house. If part of a motion or resolution is out of order, it is all out of order. The Chair may POINT OP ORDER, POSTPONE. 83 rule out of order all motions made for the purpose of delay or to block business. Forms: Member: "I rise to a point of order." Chairman : "The gentleman will state bis point of order." Member:' "The motion is contrary to Art. 2 of our constitution," or "The gentleman used the words 'yellow dog,' in reference to a member." Chairman: "The point of order is well taken." Member: "I move that Brother Blank explain bis words." Postpone to a Certain Time.—This motion allows debate on the question to postpone, but does not allow debate on the main ques¬ tion. It is subject to the motion to amend as to the time only (which is a "rank" ex¬ ception) and the other subsidiary motions of higher rank. The previous question cuts off debate on this motion only, when ap¬ plied to it, and does not cut off debate on the main question. Form: "I move that the matter be post¬ poned until the next meeting." 84 POSTPONE INDEFINITELY. Postpone Indefinitely.—The motion to postpone indefinitely applies only to the main question or a question of privilege, and was first used in the House of Repre¬ sentatives, in 1806, and has never been adopted in England. It is debatable and in¬ cludes debate on the main question. The object of the motion is to obtain an advantage by getting for the opposition the first and last speech and the affirmative'of the vote. It isi said that the people who favor a matter usually vote for it, and othr ers are inclined to vote "Aye" mechanically; also, that many who do not favor a matter, remain silent during the vote. The question to postpone indefinitely can¬ not be made in committee, nor amended (as it is in its simplest form), nor have any other debatable motion except to reconsider, ap¬ plied to it. If the motion to postpone indefinitely is carried, the main question cannot be taken up again during the session, and can only be brought up as new business on a new motion. If the motion to postpone indefinitely be POSTPONE INDEFINITELY. 85 lost, the main question remains before the house unaffected by the motion to postpone, which cannot be renewed on the same ques¬ tion during the day. If the previous ques¬ tion be moved and carried on the question to postpone indefinitely, it cuts off debate on the question of postponement only ; but if it be moved on the main question, it cuts off debate on both the question to postpone and the main question. If a motion to amend the main question be made when the question to postpone in¬ definitely is before the house, the latter is held in ábeyance ; and if the motion to amend prevails, the motion to postpone indefinitely dies and the main question as amended is put. > After a question has been duly carried and under authority thereof a contract is let or other binding action taken thereon, a mo¬ tion to reconsider is out of order; and while such motion to reconsider is so irregularly before the house, a motion to postpone in¬ definitely is out of order and if put and carried, the act is null and void." 60. Ashton v. Rochester, 133 N. T., 187 ; 31 N. B., 334 ; 28 Am. St. B., 619. 88 POSTPONE INDEFINITELT. In the Bules of Order there is no motion that has been moved from one rank to an¬ other with more violence than the motion to postpone indefinitely. The House of Repre¬ sentatives has had it placed in three differ¬ ent ranks, and it has been placed in as many different positions by authors and leg¬ islatures. Some of the legislatures have entirely excluded it from the Rules. A motion to amend is a part of the main question and no motion can logically stand between them. Also, a motion to indefinitely postpone is not amendable. Therefore, it ■ should stand above motions that may be amended. The motion next in position to the mo¬ tion to amend, as fixed by the house and nearly every house in the nation, is the motion to, commit. The motion to postpone to a certain time being nearer to the nature of the motion to commit than the motion to postpone indefinitely, seems to rank next. Following this line of thought, every motion seems to remove us a little farther away from the main question until the motion to postpone indefinitely becomes the most re- POSTPONE INDEFINITELY. 87 mote of debatable questions. But an effort has been made by most deliberative assem¬ blies to put the motion to postpone indefi¬ nitely where it will do the least harm, and so it has been placed next to the main ques¬ tion. The motion should be suppressed as illogical and useless. In the House of Rep¬ resentatives the motion to lay on the table accomplishes the same result without debate, as the House does not take a question off the table. Outside of Congress and the legislatures the motion to postpone indefinitely should rarely be used. As a society holding regu¬ lar meetings with a continually changing membership cannot be said to have a "ses¬ sion," it cannot use the motion with its present function. If such society wishes to retain the motion to postpone indefinitely, it should adopt a rule defining a "session" of the society. If it is deemed best to omit the motion to postpone indefinitely, it can easily be done by striking it out of the "Table of Motions in Rank."" Also, it might be given some other rank, as, for example, by making it 88 PREVIOUS QUESTION. No. 11, instead of No. 14, and changing the intermediate numbers accordingly. Form : "I move that the question be in¬ definitely postponed." Previous Question, The.—The function of this motion is to cut off debate and bring the house to a direct vote on the question or questions to which it is applied; there¬ fore it applies only to debatable questions. The previous question cannot be made in" committee of the whole without a special rule of the house, nor laid on the table only with the main question, nor have the ques¬ tion of consideration or any debatable ques¬ tion applied to it; but it can be applied to any one or several debatable questions pending, as to postpone, to commit, to amend, a question of privilege, an ap¬ peal, or the main question. It cuts off de¬ bate on the question or questions to which it has been applied, and if applied to the main question, it cuts off debate on all sub¬ sidiary questions. When applied to an ap¬ peal, it does not affect the question giving rise to the appeal. All incidental questions of order including appeal, are decided with- QUESTION OF PRIVILEGE. 89 out debate while the previous question is pending. Unfinished business with the pre¬ vious question pending, comes up just as it was left. The previous question cannot be amended or debated, and requires a two-thirds vote to carry it. If it is carried, all discussion ceases and the question before the house is immediately put to a vote; but if lost, de¬ bate is again in order. Forms: Member: "I move the previous question." Chairman: "Shall the main question (or amendment, to commit, to postpone, or the question of privilege, as the case may be) be now put?" Questions of Privilege.—A question of privilege growing out of a charge of dis¬ honor or dishonesty against a member of the house, requires no second and is in order when another member has the fioor; but it cannot interrupt a speaker unless it is raised as a point of order. In the first instance a member simply makes a statement of the matter which he claims is a question of privilege, and the 90 READING PAPERS. chairman makes a ruling as to whether it is privileged, from which an appeal may be taken. If no motion is made concerning the matter, it is passed as a mere incident. If the chairman rules that the matter raises a question of privilege, a vote of censure, a vote of confidence, or a motion to appoint a committee to investigate and report upon the matter, or to refer it to a standing com¬ mittee, is in order. On any of these mo¬ tions the question is debatable the same as a main question and is subject to subsidiary motions. Forms: Member: "I rise to a question of privilege of the house," or "I rise to a question of personal privilege." Chairman: "State the question." Member: "It has been charged that bribes have been used in this house," or "I am charged" (give statement of charges), or "In anger I said" (give exact words). Chairman: "The matter raises a ques¬ tion of privilege." Member: "I move that the question be referred to the committee on grievances." Reading of Papers.—It is the privilege of READING PAPERS, RECALL. 91 a member to have the question read once. Also, he may ask that a paper be read or ask leave to read a paper bearing on the question before the house, and if there is objection made, a motion to grant leave is in order. The motion cannot be amended nor debated. In debate a member cannot read any pa¬ per or document—^not even his own speech, without leave. Forms: Member: "I ask that the ques¬ tion be read;" or "I ask the privilege of reading a communication from the Gov¬ ernor." Chairman: "If there is no objection the member may read the communication." Member: "I object." Member: "I move that leave be granted Mr. Jones to read the communication." Recall.—The function of this motion is to bring back before the house a report, reso¬ lution or other matter, for the purpose of making a correction or rescinding action. It is a "Question of privilege of the house" and should be in the form of an order to a committee or a request to an independent body. 92 RECESS, RECONSIDER. Forms: "I move that the committee on judiciary be ordered to return the proposed amendment to the by-laws;" or "I move' that the Ladies' Auxiliary be requested to return the bill sent to it." Recess.—This'motion is in the nature of a motion to adjourn when the time is fixed, and ranks with it. "When the time has not been fixed for a recess, the motion must in¬ clude the time and it becomes a main ques¬ tion of great privilege, subject to amend¬ ment and subject to debate if there is no other question befora the house. Forms: "I move that the house now take a recess." "I move that at 12 o'clock the house take a recess until 2 P. M." Reconsider.—The motion to reconsider may be made and entered in the record when another member has the fioor, or a motion to adjourn is pending, but it cannot be dis¬ cussed nor voted on when there is another motion before the house. It opens the main question to debate, if it be a debatable question; otherwise not. Also, when debat¬ able it may be laid on the table, but it can- RECONSIDERATION. 93 not be amended or reconsidered. A sub¬ sidiary motion must be reconsidered at once, if at all; otherwise it would block ac¬ tion on the main question. The motion to reconsider a main question may be made during the day on which the original vote was taken or on the next day, by someone "who voted on the prevailing side. If it be lost, the question to which it applied is en¬ tirely disposed of and not subject to any further subsidiary motion; but if it be car¬ ried, the question is again before the house just as it was before the vote was taken upon it, and the question recurs immedi¬ ately upon the question reconsidered. No question can he reconsidered a second time nor after à right under it by contract or otherwise has vested or it has been partly executed." Prom the time that a motion to reconsider a main question is made, the main question stands in abeyance until the motion is dis¬ posed of. After the main question has been dis¬ ci. Ashton V. Rochester, 133 N. T., 187 ; 31 N. B., 334 ; 28 Am. St. R., 619. 94 RECONSIDERATION. posed of, if it is desired to reconsider an amendment, a motion must be made to re¬ consider the main question first, and if that be carried, then a motion to reconsider the amendment may be made ; but if the motion to reconsider the main question be lost, a motion to reconsider the amendment will not be received. A motion to reconsider a vote to commit, if carried, brings back from the committee to the house the question com¬ mitted. A motion that requires a two-thirds vote to carry it cannot be reconsidered by less than a two-thirds vote." An ordinance passed over the' mayor's veto cannot be reconsidered. Also, when a motion to reconsider is made but is not fol¬ lowed by further action in regnlar order, it dies and cannot be resurrected." The following motions cannot be reconsid¬ ered: To adjourn, to take recess, to sus¬ pend the rules, or to reconsider. Form: "I move to reconsider the ques¬ tion of (state it)." 62. Whitney t. Com., 69 Mich., 189: 37 N. W., 184. 63 Ashton v. Rochester, 133 N. T., 187 ; 31 N. B., 334 : 28 Am. St. R., 619. REMIT, RESCIND, RESOLUTIONS. 95 Remit.—The motion to remit is a main question, and applies to fines or punishment. Remission is a bad practice unless an error has been made in the facts, or the punish¬ ment is too severe for the offense. It has a tendency to destroy discipline. Form: "I move that the fine imposed upon Brother Paul Doe he remitted." Rescind.—After a question has been car¬ ried, which for good reasons should not have been passed, and the time for making a motion to reconsider has expired, a motion to rescind is in order if such rescission will- not impair the obligation of a contract or interfere with a vested right. It is a main question and should require a two-thirds vote. It is most frequently applied to mistakes, postponements to a time certain, or motions that violate the golden rule. Forms: "I move that the resolution con¬ cerning the purchase of a hall be rescinded." "I move to rescind the resolution censur¬ ing Brother Hugh Capet." Resolutions.—In large conventions and public bodies which should act with caution 96 RESOLUTIONS. and precisión, all resolutions should be in writing and referred to the committee on resolutions without being read. The best talent and learning of a deliberative body should be on this committee. All resolu¬ tions should be preserved as referred to the committee and if any change is necessary the resolution should be rewritten on other paper. The committee has no right to muti¬ late a resolution and present it as Brother Sin's. The committee does not state who wrote the resolutions nor what resolutions were rejected. When the resolutions are read, a motion to adopt, lay on the table, reject, postpone, or recommit, is in order. When resolutions contain several para¬ graphs, first they are all read; then each paragraph is read separately and considered, amended or passed. Then the resolutions as amended are adopted. Form: Member: "I desire to introduce a resolution." Chairman : "The resolution is referred to the committee on resolutions without read¬ ing." RESOLUTIONS, ROLI^-CALL. 97 Report: "The Coounittee on Resolutions reports as follo'ws: "WHEREAS, The public press has charged this convention with drunkenness and disorder, etc. "RESOLVED, That, etc. "RESOLVED, That, etc. JOHN SMITH, THOMAS FOX, MATT. JONES, Committee. ' ' Member: "I move that the resolutions as read (or amended) be adopted." Roll-Call.—^When the ayes and noes are ordered, only the. surname of each member is called, unless there are several of the same name, when the first name is added. If there are several of exactly the same name, the entire name, the address or some other distinguishing description is added. It requires a majority to order a roll-call, in the absence of a law or rule to the con¬ trary, and after being ordered it cannot be interrupted by any motion or call for the orders of the day. »8 ROLL-CALii, RULES. Those who have answered "present" at roll-call, may be allowed to vote ; but those who have not voted nor answered "pres¬ ent" cannot vote. Everybody in the house is required to vote on roll-call, unless the question concerns him personally. A mem¬ ber who sits silent is marked "absent." The general rule that a person "absent" at roll- call cannot vote afterwards on the pending vote, applies to the case. Form: "I move that the vote be taken by roll-call." Rules, Inquiry As To.—The chairman is presumed to know the Rules of Order gov¬ erning the house over which he presides, and it is the privilege of a member to inquire in a respectful manner what rule governs in a particular matter before the house. It must be remembered, however, that such inquiry cannot be made for the purpose of exposing the chairman's ignorance, nor for the edification or instruction of the member in an irrelevant matter. If the chairman is not sure about the rule, it is his privilege to inquire of members or refer to books, and then to state the rule to the inquiring mem- SPECIAL ORDER, SUSPENDING RULES. 9» ber. If the chairman is not certain as to the rule, and he desires time to examine the matter, he may take it under advise¬ ment. Form: Member: "Mr. Chairman, a ques¬ tion of inquiry concerning the yules." Chairman: "State your question." Member: "Is the question to postpone indefinitely now in order?" Chairman: "It is ^ot, because it was moved this morning on this question." Special Order.—^By a two-thirds vote a matter may be made a special order for a future time, and when the time arrives any member may call the matter up and then it will be properly before the house. If a spe¬ cial order is not taken up when it is reached, it loses its privilege. The question is not debatable and is in the nature of a motion to suspend a rule. Form: "I move that the purchase of a hall be made a special order for 9 o'clock tomorrow morning. ' ' Suspending the Rules.—This question is not debatable, cannot be amended nor re¬ considered unless it is a main question, and 100 SUSPENDING RULES. requires a two-thirds affirmative vote. It is a main question when there is no other ques¬ tion before the house. A body may suspend rules that it has the power to make, but cannot suspend rules or by-laws unless within its power to make them, or there is provision made therein for such suspension. However, when notice is a personal right, the rule requiring it^ can¬ not be suspended." The doing of a thing contrary to the rules without objection, is virtually suspending the rules by general consent, and nô motion is necessary. Also, when it requires a two- thirds vote to suspend the rules, a question that requires only a majority vote may be passed by a two-thirds vote, although it would require a suspension of the rules to take action on it at that time." Form: "I move that Rule 3, requiring an informal ballot, be suspended." Take From the Table.—A motion to take. a question from the table requires a major¬ ity vote, and cannot be debated, committed. 64. Weatherly v. Medical, 76 Ala., 567. 66. Kendall t. Board, 106 Mich., 681 ; 64 N. W., 745. TAKE FROM TABLE, SPECIAL ORDER. 101 postponed, nor amended, and an affirmative vote cannot be reconsidered. Its principal use is to bring before the house business thatshad been previously laid on the table. A question that has been tabled cannot be taken from the table unless some interven¬ ing business has been done. When taken îrom the table a question comes up just as it was laid on the table, with all pending amendments and other subsidiary questions. Form: "I move that we now take from the table the question of appropriating $100 for periodicals." Taking Up Questions t)ut of Order.—A motion to consider à question out of its reg¬ ular order is not debatable, cannot be amended, and requires a two-thirds affirma¬ tive vote. The common practice is to first move that the house take up business under a certain head, as new business, and then make the motion desired. The two motions may be included in one if there is only a single mat¬ ter to be considered. Also, a motion to take up a matter without mentioning the head 102 WITHDRAWAL OP MOTION. under which it comes, is an adequate way of bringing it before the house. Forms : "I move that we pass to the head of new business." "I move that we now; take up the ques¬ tion of building a hall." Withdrawal of a Motion or Appeal.—The mover may withdraw any motion made or appeal taken by him before it shall have been put by the chairman; after that he may withdraw it with consent of the house until it shall have been amended, or decided, or the previous question ordered, when he loses all special privileges over it. This ap¬ plies to amendments as well as to main ques¬ tions. The motion to grant leave to with¬ draw a question is not debatable, cannot be amended, and a majority vote is suflScient to carry it. Also, after a committee has made its re¬ port it may withdraw it by consent of the house before it shall have been amended or any other disposition has been made of it. Form: "I move that Mr. Jones be al¬ lowed to withdraw his motion." 103 INDEX. Absent when question Is pnt 23 "Accept," when Incorrect 60 Accounts 34 Adding, amendment hy 61 Addressing "the Chair" K! Adjourn, motion to 46,58,71 fixing time 74 rank of motion 46 not In order, when 58 Adopting report 60 resolutions 60,96 Aliens not voters 26,27 Amend, motion to 46,60 an amendment 63,64 hv-Iaws, rules 10, 64. Irrelevant 61 Amotion of officers 34,52 Announcing vote 24,53 Appeal 65 Apology 82 Arrest 38, 30 Assault and battery 34 Assembly, meeting 41 Authority, ruling 11 Assent, silence 21,24,31, 80,81 Ayes and noes 23 Ballot 23 easting ballot for house 23,24 Blanks, how filled 73 Board, quorum, majority 21 Books, custody, reading from 33 Business, how Introduced 41 order of 14,28 By-laws, authority of 9 amending 10, 64 suspending 10, 99 unincorporated bodies 10 Calendar 27,28,32 Call to order, house 13. 28 member 28, 79-83 Censuring members 39 Chairman, duties, powers 28-31, 53 seconding motion 31 putting the question 51, 53 electing 13 right to speak 57 amoving 34, 52 of committee 37 104 INDEX—Continaed. refnslniir to act adjourning meeting to other place 3d easting the rote 24-26 keeping order In meeting 28,29 Challenge of vote 24 Change of vote 24 place of meeting 16,30 Citizenship and voting 27 Closing nominations 77 Closing debate 73, 76,88 Commit, motion to 66 amending 66,67 Committee, appointing 67,68 chairman of 37 quorum of 37 report of 35,36 discharge of 37 on credentials 14 organization 14 resolutions 14 of the whole 68 Common law 9 Communication 28,91 Congress, rules of 5,6 Consent, presumed when 31,80-81 Consideration of the question 70-71 Constitution, what Is 9 supreme law 9 Contracts, Impairing 93,95 Convention 13,14 Courts, decisions of 5,9 Credentials 14 Crimes, expulsion for 34,39 Cnshing, Luther 5,4 Date 16,19, 20 Debate, order of 54 decorum In 55,56 time allowed 54 limiting 73, 76 closing 88 when It begins 54, 55 when closed 53 Debatable questions 46 Deciding vote 53 Decisions of courts 5.6, 9 Decorum In debate 54-57 Definitions 3 Discipline 39 Dissolution 7] 105 INDEX—Continued. Disorder 30 Disorderly words 55, 79-82 point of order 79-80 taking down 80 waiving 80 Disqualified to vote 20-27 Division, purpose of 24 when granted 24 of question 61 Documents, custody of 33 reading 33, 90-91 Ejecting member 39 Elections 13,23,24,26 Eligibility to office 27 to vote ' ■ 26, 27 Elsyng 4 Errors, correcting 24,91,95 recall to correct 91 Excused from voting 23 Explanation, personal 57, 82, 89-90 Expulsion 34, 39 Expunge from record 72 Extending debate 73 Evidence 32, 33 Felony, expelling for 34,39 Filing blanks 73 Fine, right to Impose 30 Fixing time to adjourn 74 Floor, right of 40 yielding. 40 Fraud, effect of 34 Freedom of speech 54 Gallery, clearing 28 Government 11 Guardianship 18,26,27 Hats, wearing 70 Hearing, right to 54,55 History of Rules of Order 3 House, defiued 41 of representatives 5,6 Incidental questions 48 Inconsistent motions 50 Indefinite postponement 84,86 rank of 46,86 Infants, legal disability of 18, 26, 27 Inferior law 9 authority 11 Informal procedure 12,31 Inquiry as to rules 98 106 INDBX—Oontbnied. Insanity, legal disability 18,26,27 Instructing committee 67 Introduction of business dl Irregularity, effect of 12 Irrelevant amendments SO, 61 motions 60,80 Jefferson, Thomas d Journal, minutes 32,33 Judgment of court 5, 6, 0 of society tribunal 0,10,30 Lady In chair, how addressed 5S Law governing societies 9 Lay on table 75 Leave to speak 76,82 Legal rights 39 Legality of action 9 Legislative assemblies 16 day 16 Lie on the table 76 peculiarities of 76 Limiting debate 76,77 Listed membership, quorum 21 Main question 41 peculiarities of 41,46,48 Majority, powers of 20-22 In definite membership 21,22 In Indefinite membership ,. 23 decisions of courts 20-23 Making motion 49 Mass meeting 13 Meeting defined 13,16 notice of, special 16 notice of, general 16 preliminary 13 opening 17 closing 69 changing place of 17,18 Member, duties and rights of 11,38,40 discipline of 39 fining 39 suspending 39 expelling 39 Minors not voters 26,27 may vote, by-laws 9,10,27 Minority report 36 Minutes, how kept 32,33 when part of record 33 adopting 33 errors In 33 107 INDEiX-«~Coiitlnaed« Mistake, error 33,91,95 Modification of motion 31 Motion, defined *41 making: 49 seconding: 50 putting: 61 writing 61 debating: 62 withdrawing: 52,102 Motions, rank of 42 designation of rank 45 explanation of 42 subsidiary 47 prlviieg:ed 48 incidental 48 during debate 42,57,58 Naming members 39,55 Newspapers, reading 00,91 Nominations, making 77 Notice, time of 19,20 how served 18 mailing 18,19 waiving 18 Nullity 13 Numbering paragraphs 03 Objection, point of order 80 to consideration of question 70,71 Offenses 34-35, 79-80 Officers, title of 49, 50, 55 chairman's duties 28-31 vice-chairman's duties 1 32 secretary's duties 32-33 treasurer's duties 34 suspending 34-39 amoving 34 Order, rules of 4 form for adopting 7 point of 79 of business 14,28 special ^ Orders of the day 78 Papers, reading 00-91 leave to read 91 custody of 33 '^Parliamentary Law" 3 Penalties 39 Personal explanation 82, 89-90 privilege 37 Personalities 80 108 INDEX—Continued. Point of order 79-82 Postpone to time certain ^ indeflniteiy 84 Practice in meetings 14-15 Precedence of motions 46 Precedent to be followed S President, chairman 28-31 vice 32 Presiding officer 28-3 Preliminary meeting 13 Previous question 88 Principal motion 41 Priority of business 48 Privilege, question of 89-90 withdrawing a question 102 Privileged questions 48 Pro tem. officers 13, 32, 34 Program, calendar 27-28,32 Property, vested 93,95 Proxy 21,27 Punishment 39 Putting question 51 Qnallflcation for office 27 voting 26-27 ttnestion defined 41 main 41,46 of privilege 89 subsidiary 47 privileged - 48 Incidental 48 division of 61,72 amending 60-63 asking question 56, 98 putting question 51 Quorum, definite membership 21 indefinite membership 23 who may he counted 21 adjournment by less than 20, 59 hoards, committees, etc 21,37 Rank of motions 42-46 Reading Papers 55.99 leave to read 90, 91 speech 55,91 and approving minutes 22, 28,33 Recall from committee, etc 91 Receiving report 36,60 Recess 92 Recommit, motion 66,67 109 INDKX—Continued. Reconsider, motion 92 effects of 93,94 Record, what constitutes 22, 23 conclusiveness of 22,33, 53 Recurrence 93 Refer, commit 6« Regularity 12 Remit 95 Reports of committees 36,67,69, 97 Representatives, House of 5, 6 Rescind 95 Resolutions, committee on 14, 95, 96 report of 96,97 Rights of members 9,18,40, 41, 54, 81 officers 28, 32-34 Riots 30 Rise, motion 60 "Riser, A" 81 Roll-call 23 Routine work 31 Rules of order 4 adopting 7 suspending 10,99 amending 10, 64 appealing 10 question as to 98 Secondary questions 47 Seconding motion 50 Secretary, duties of 32-34, 51 calling meeting to order 34 putting motions 51 Serving notice 18 Session defined 15 Silence, assent 21,24,31,80-81 Smoking, out of order 79 Speaking, rules of 49,54-55 disorderly words 56, 79-80 off question 56 Special order 09 Speech, reading 55 State law 9 Stating the question 51 Statutes of state 9 Strangers In house 27 Striking out 61 Subsidiary motions 47 Substitute 61,62 Sum to put In blank 73 Suits 12 110 INDBX—Continued. Superior iaw J Superior authority 11 Suspension of rule »v of member - w Table of rank of motions laying on ? taking off 1®* Taking up out of order 1®1 Time of meeting 1® calling meeting before proper IZ delaying meeting IZ fixing 20 Treasurer, duties of 3d Trial of members 30 Two-tbirds vote 42-46 ITndebatable questions 46 Unfinished business 28, 59,101 Unincorporated societies 10 Vacancy 13 Verifying vote 24 Vested rights 93-95 Vice-ebairman's duties 32 Viva voce vote 23,24 Void acts 12 Vote, bow taken 23 majority 25 announcing 24, 52 change of 24 tie vote 26,30 casting vote 30 closing debate 73,76 who may 23,26,27 Voters, who are 23,26,27 Withdrawal of motion 102 Women in the chair 55 Words, disorderly 56,80 Veas and nayes 23 Yielding floor 40 PB-l092-ll^î•5B P Via 328.1 S28 3. 5556 002 451 896