WARRII\GTON'S MANUAL.
A MANUAL
FOR THE INFORMATION OF OFFICERS AND MEMBERS OP
LEGISLATURES, CONVENTIONS, SOCIETIES, CORPO    RATIONS, ORDERS, ETC.,. IN THE PRACTICAL
GOVERNING AND MEMBERSHIP OF ALL
SUCH BODIES, ACCORDING TO THE
PARLIAMENTARY LAW AND
PRACTICE IN  THE
UNITED STATES.
BY
WILLIAM S. ROBINSON,
" Warriagton,"
CLERK OF THE HOUSE OF REPRESENTATIVES OF MASSACHIUSETTS,
i FROM 1862 TO 1873.
BOSTONI:
LEE AND SHEPARI:, PUBLISHERS.
NEW YORE:
LEE, SHEPARD AND DltLINGHAN.
1 875. 
C, pprigbt,
11. 3D. 1675.
Elz,trotyped at th,. Dosto- Stereo.type, Foundry, -
No. 19 Spring Lan..,  
PREFACE.
THE purpose of this Manual is to furnish to officers and members of legislative and other deliberative assemblies, and  to societies of all kinds, a
concise and practical guide in what is called "Parliamentary law."  I have not thlought it necessary,
or even useful, to go into the history of this "law"
in any respect, or to cite, to any extent, its precedents.  The "law of'Parliament" (to take the title
of Mr. May's book) is indeed a different and far
more important thing than' "Parliamentary law," as
the phrase is used.  The "law of Parliament,"'being the Constitution as well as the law of England,
thile history of it and' its principles and details becomne sometimes "law" in the highest sense.  But
in a country and in states governed by written constitutionlls, and where deliberative bodie's' are controlled by innumerable statutes and rules, often to
the last degree unnecessary and useless for the end
3 
PREFACE.
they profess to subserve, this "law" is far less important.  It has been customary to say that "rules"
are for the protection of minorities. A better definition is, that they are for the speedy, fair, and
orderly transaction of business, according to the
will of the majority. This work, at any rate, is
written upon the assumption that members of societies, orders, municipal bodies, and legislatures,
are on an equality.  If, to use the language of the
Massachusetts Constitution (Art. IX. of the Declaration of Rights), "all elections ought to be free;
and all the inhabitants of the commonwealth...
have an equal  right to elect officers and to be
elected for public employments," it seems to follow
that all members of legislative and deliberative bodies ought to be substantially upon an equality; at
any rate, that the minimum, and not the maximum,
of power and influence ought to be put into the
hands of committees and presiding officers. This
Manual is prepared upon that theory. The House
of Representatives at Washington has tied itself
up with rules so that its speaker, who should be its
servant, and of little if any more importance than
any other member, is in reality the secozd or Ilird
officer of tle goverIizzeizt i/sef. Probably in a few
years, when Congress shall have relinquished the
4 
PREFACE.
attempt to make laws, not only for the National Government, but for states, cities, towns, and private
corporations, or when it shall have put into hands
of other bodies the duty of taking evidence and
collecting facts on which to proceed in the making
of statutes, the old practice will be resumed.
I have deemed it unnecessary and even a hinderance, to persons hlaving occasion to use a book like
this, to make a large volume.  It has cost me  a
good deal of time and labor to make it small
enough.  But with the object I have already indicated, the plan on which it has been prepared has
seemed to me a tolerably good one. It is a mixture of rule, advice, and "parliamentary" principle,
founded on the experience and the obvious necessities of bodies governed by the "Parliamentary law."
As everybody knows, an assembly may, if it pleases,
make rules for itself diametrically opposed to this
law or principle. Those "rules" are innumerable,
and it is of no practical use to try to classify,
illustrate, or mention them. Such of them as are
based on correct principles will be found here. But,
for the largest part, this book seeks to give the
reasons for the ordinary and the best practice of
the best ordered bodies. Given the reasons, and the
practice adjusts itself; the assembly transacts its
5 
PREFACE.
work speedily and with proper regard to the rights
of all; and officers are prepared to meet objections
and to answer questions with little or no hesitation.
Without the reasons, members and officers have
great difficulty in interpreting the rules, and in
coming  to just results without troublesome delays.
The following, from an address delivered before the
Literary Societies of Dartmouth College by Rex,.
Edvard  Everett  Hale, will further illustrate  the
objects I have had in view.   How well I have succeeded, the public must judge.  Said Mr. Hale,
"It was my fortune, once, to sit for several days
by the side of the late Governor Andrew of Massachusetts while, with skill and success which I will
not pretend to describe, he presided over a large,
excited assembly, which, but for his admirable gift,
would have been stormy.  When  all was done, I
ventured to felicitate him on his success.'I think
I have succeeded,' said he,'and I believe it is because, in all my life, I have only for three or four
hours been in the chair of any assembly.  I believe
it is because I know nothing of the technics of parliamentary law. I mean,' he added with earnestness,'that I have been trying all through  these
days to apply the principles of justice, of truth and
6 
PREFACE.
common sense in the forms, which were of course
familiar to me, of deliberative assemblies.'
"Gentlemen, I could not but contrast that verdict
with the verdict of one of your own statesmen who
stood with me one day in the gallery at the Capitol, as an acute parliamentarian, who has thus far
never been anything but an acute parliamentarian,
dissected some point of order to the bottom.'I
would not,' said your senator,'know as much as
that man knows of Parliamentary law, no, not if
you gave me the world!'  Take that as a not unfair contrast of the difference between principle and
method, if, by any misfortune, either must be learned
alone."
I wish only to say, in concluding this preface,
what I have in the work itself tried to make clear,
that wherever I have left it in doubt whether the
principle laid down may be considered authoritative,
it should, if approved, be provided for by rule. It
is, of course, understood that it is necessary to make
a rule whenever the principle is departed from. T7he
rule governs; but if th?e rule be obscure or- contradictory, let it be tried by the firiici le.
7 
CONTENTS.
PAGE
Organization of Meetings; Quorum....................11
Duties and Powers of the Presiding Officer............ 14
Questions of Order; Appeals.......................... 14
The Clerk, or Secretary, and his Duties................ 18
The Journal........................................ 19
Questions of Order to be noted by the Clerk............20
Determining Motions by Count and by Tellers.........20
Mode of Putting a Question, &c........................ 21
Right of the Presiding Officer to vote..................22
Appointment of Committees...........................22
Taking the Sense of the Assembly by Yeas and Nays... 23
Order of putting Questions; Times and Sums..........25
Motions after they are stated by the Speaker; Power to
withdraw a Motion to reconsider................27
"Privileged Motions; " or Precedence of Motions.....28
Reasons for the Order in which these Motions are put.. 30
The Motion to lay upon the Table.....................33
8 
CONTENTS.
PAGE
The Motion to adjourn; also Motions to be decided
without Debate.................................33
The Previous Qtcstion................................35
Equtivalent Questions or Motions......................37
Rights and Privileges of thc Assembly.................38
Privileged Questions................................. 39
Decorum of Members; Relevancy and Irrclevancy.....39
Questions of Order....................................41
Breaches of Order....................................41
Reconsiderations.....................................44
Excusing -I Member from Votin....................... 47
Reducing Motious to Writing.........................48
Division of Questions; Motions to strike out and insert 48
Forl)idding Members to vote, &c.......................49
Coimmittees of Investigation.......................... 50
Amendments not " germane"........................... 50
Unfinished Business..................................52
Of suspending Rules..............................52
Priority of Business..............................53
Petitions, Memorials, &c..............................54
Powers of Committees, and Reference of Subjects to
them.......................................56
Orders of Inquiry..................................58
9
I.:?. 
CONTENTS.
PAGE
Reports from Departments, &c......................... 59
Persons and Papers..............................59
Proceedings in Committees........................60
Introduction and Reference of Bills....................62
First Reading of a Bill................................62
Additional Readings of Bills.......................... 64
Bills rejected not to he again introduced............... 64
Amendments.........................................65
Limit to Amendments, in Degree......................66
Amendments "1germane ".............................67
Propositions to be perfected before a Vote is taken.....  67
Right to have Papers, &c., read.......................71
Titles and Preambles of Bills.......................... 71
Special Order of Btsiness............................. 72
Amendments betweeen the two Houses................ 73
Committees of Conference.............................77
Committee of the Whole..............................80
INDEX.........................................83
10 
MANUAL OF PRACTICE
LEGISLATURES, SOCIETIES,
ETC.
Organization of Meetings; Quorum.
1. The mode of organizing governmental bodies, legislatures, municipal councils, and town
meetiings, is regulated by constitutional provisions, or by statute, or (as to details) by custom.
A political convention or caucus will be called to
order by one of the persons who issues the call
for it; and a voluntary association, religious, literary, or other, will provide, by its constitution or
by-laws, who shall preside after its first meeti-ng,
and until a chlang,e is made in its presiding officer.
A meeting is not properly Organized until a secretary or clerk is chosen, though the presiding
11
IN
6; 
MANUAL OF PRACTICE
officer may act in such capacity and "attest"
proceedings. The report of a committee that a
secretary or clerk is elected, must be declared
fro           m  the c hair, and acquiesced in.  If questioned,
the   assembly may take such measures as it sees
fit to ascertain its own will, or it may, after acquiescence,  elect other officers.  It ought not,
however, to proceed to a new election without
giving due notice, except in the case of the resignation of an officer.
2. I have known a presiding officer pro teni.,
after he has heard a name mentioned for chairman, to receive another name as an amendment.
This is not an amendment, and the first name
cannot be superseded in this way. If not acceptable, it can be voted down, and the questions
then come on the names successively given and
heard.
3. A nomination, being a motion, may, in the
absence of a rule to the contrary, be debated;
but it is not regular to debate the merits or
claims of candidates pending a proposition to
proceed to a ballot.
4. It is often provided in constitutions, or by
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IN LEGISLATURES, SOCIETIES, ETC.
statute, that a less number than a quorum of a
legislative body may organize, adjourn from time
to time, and compel the attendance of absent
members.   This power in legislatures must be
implied when not expressed; and it involves the
right to exercise all needful powers to such an
end. The roll may be called; and all questions
as to subpoenas and fines are included in this remark.   In other words, the body must have and
may exercise all powers necessary to keep itself
in existence, and carry on the functions appointed
to it by law.   This rule does not apply to societies, &c., unless the power is given them by
statute.
5. Unless provided for otherwise, by constitution, statute, or rule, a majority is a quorum.
Those who  respond to the warrant or call constitute the meeting.
6. A vote which exhibits the lack of a quorum
(with the exceptions noted in section 4) is null
and void, evenl though it be made manifest to the
presiding officer by previous proceedings that a
quorum is present. A quorum is " a quorum to
do business."
13
d" 
M4ANUAL OF PRACTICE
Duties and Powers  of the Presiding
Officer.
7. The presiding officer takes the chair at the
hour to which the assembly was adjourned; calls!
the members to order;  and, on the appearance
of a quorumn, proceeds to business.  It is not
deemed necessary for him  to make  an actual
count of thie assembly before he calls it to order.It is sufficient that thlere appears to him to be a
quorum.   The fact can be questioned by any
memnber before business is performed.  If' a quorumn is despaired of, the presiding officer may so
state, and thie body mray be adjourned by him,
though it will be more regular to await a mnotion
for adjournment.  The absence of a quorum may
be raised at any time as a point of order, but tihe
floor caunot be taken fioi' a miember —for sucht a
purpose; debate not being, in this instance, the
tranusaction of business.
Questions of Order;  Appeals.
8. It is the duty of the presiding officer to
preserve decorum and order; he may speak on
14 
IN L,EGISLATURES, SOCIETIES, ETC. 
points of order in preference to othler members
and he decides all questions of order, subject to
an appeal to the assembly by motion regularly
seconded; and no other business is in order till
the question -on thle appeal has been decided.
There is a provision in the General Statutes of
Aiassachlusetts that "the moderator... shall
decide all questions of order."  I suppose that
even under this statute, which recognizes no appeal, the presiding, officer might submit a question
of order to the mieeting;  but he would not be
obliged to do so.  Doubtless there is good reasonl
for not recognizing the right of appeal in town
mieetings, and for vesting in the " moderator" a
more arbitrary power than would be intrusted to
him in other deliberative bodies.
The right of appeal seems to be indispensable
to the free action of all assemblies, the presiding
officer not being the mnaster, but the servant.
The  " speaker"  of a legislative body, for example, is so called, because he speaks for the
body.
The requirement that an appeal shall be " regularly seconded" is not often insisted ou by the
15 
MANUAL OF PRACTICE
presiding officer; but it is proper in view of the
fact that there may be times when one person
may insist upon raising trivial questions and
taking factious appeals.
9. The form of putting the question on an appeal is, " Shall the decision of the Chair stand
as the judgment of the House?" (or whatever
may be the name of the assembly), as it is but
fair that the presiding officer's decision shall have
the advantage of the affirmative side of the question. A majority of questions of order likely to
arise can be decided without delay by any presiding officer at all familiar with parliamentary
proceedings.   Appeals should not be taken on
mere dicta, drawn out by interrogations on points
of order. New and difficult questions are constantly arising. Upon these, unless the presiding
officer is clear, it will be best for him to hear a
statement of the grounds of the appeal before
exercising his right in preference to others; and
cases sometimes arise in which he will do well
to withhold a decisive opinion until after such a
statement. On the other hand, it often becomes
necessary in order to preserve order, and justifi
16 
IN LEGISLATURES, SOCIETIES, ETC.
able as a means of carrying out the will of the
assembly, to decide questions of order without
argument.   When  the presiding officer is perfectly clear, and knows he can satisfy the asseimbly, it is unwise for him to encourage a long
debate before he expresses his own opinions.
10. If the presiding officer insists upon voting
on an appeal (being otherwise entitled), he cannot, on  any parliamentary  principle,  be  prevented.
11. No second appeal can be entertained until
the original appeal is disposed of.
12. A limitation of debate on questions of
appeal after the Previous Question, is contained
in the remarks concerning the Previous Question.
13. It is a breach of order in a presiding
officer to refiuse to put a question which is in
order. Yet he is justified in declining to put
questions obviously frivolous or tending to disorder, and he must not put irregular motions, or
motions made at improper times.  A conversation with the mover will generally avoid difficulty.
A  motion may be, parliamentarily speaking, in
2
17 
MANUAL OF PRACTICE
order, but a breach of order because it violates
constitution or law.  In a clear case of this sort
it must not be put.  If a question of order is
decided against a member, hle cannot proceed,
even in order, without leave; if decided in his
favor, he must be allowed to proceed as if he had
not been interrupted, and the floor cannot be
taken from him, even for a motion to adjourn.
The Clerk or Secretary, and his Duties.
14. The duty of the recording officer needs not
to be made the subject of rules. But it may be
stated, in relation to the clerks or secretaries of
legislative bodies, that they are independent officers
of the assembly, and are generally sworn, and
are not subject to the orders of the presiding,
officer, except those which are the voice of the
assembly itself. They lhane exclusive custody of
all papers in possession of the assembly, subject
to an order of examination by a committee or
by the speaker. The clerk would not be justified,
except in an extreme case, in refusing to a committee of another branch leave to examine his
18 
IN LEGISLATURES, SOCIETIES, ETC.
journal, or papers in his custody. He is in all
cases subject to the will of the assembly whose
officer lie is, thlough not to the will of any unauthorized committee, or member of it.
The Journal.
15. The journal ought to be read each day or
at each session; but it is in the power of the
assembly to dispense with the reading, from day
to day.  It may be assumed to be correct or
' approved," unless objection be made. It may
be corrected, however, at any time, though a
correction may not invalidate or change proceedings which it professes to record; that is to say,
it may be too late to correct such proceedings.
It may  be examined  by a committee of the
assembly.  It should always contain a statement
of tlthiqs done, but not, necessarily, of thlings attempted. On all matters, however, on which the
sense of the assembly has been taken by yeas
and nays, it should have a complete statement
of the case.
19 
MANUAL OF PRACTICE
Questions of Order to be noted by the
Clerk.
16. Every question of order should be noted
by the clerk or secretalry, with the decision
thereon, and inscribed at large on the journal.
In practice, however, the clerk is not expected to
note frivolous points, or those whose decision is
obvious at once, or those arising again and again
during the session; but only those which present
new and important questions, or on which an
appeal is taken.
Determining Motions by Count and by
Tellers.
17. The presiding officer declares all votes;
but if any member rises to doubt a vote, he
orders a return of the number voting in the
affirmative  and in the negative, without further
debate upon the question; and the members rise
and stand till counted.   If the rule allows or
requires a count by tellers, two members are
named, one on each side, to tell the members in
the affirmative and the negative.
20 
IN LEGISLATURES, SOCIETIES, ETC.    21
18. The requirement that the member who
doubts a vote shall rise may be waived at the
discretion of the presiding officer; but it is important to bear the principle in mind, for it may
be usefully enforced in case some one not raising
the doubt, wrongfully or inadvertently seeks to
withdraw it.
19. The provision that there shall be no further
debate on the question after the division is called
for, is necessary for the preservation of order, as
well as for fairness towards the opposing sides.
In case the assembly evidently misunderstands
the vote, " general consent," which dispenses
with rules, can allow the debate to go on; or the
calling of the yeas and nays will allow members
to vote with due preparation.   General consent
is the consent of all present.
Mode of Putting a Question, &c.
20. The presiding officer should rise to put a
qtestion, or to address the House, so that the
assembly may know when the question is about
to be put; but he may read sitting. 
IMANUAL OF PRACTICE
Right of the Presiding Officer to vote.
21. In all cases the presiding officer, if a member of the assembly, may vote.   I do not think
it is well settled whether the speaker is liable to
be called on to vote, in case of a tie or otherwise,
like other members, and consider this statement
sufficient for practical purposes. As a general
rule, I suppose his preference is not to vote; and
probably such is the preference of the assembly,
unless there is a tie.  If he has not availed himself of his privilege in an election by ballot, he
cannot do so after the committee has reported,
or is ready to report, without special leave.
Appointment of Committees.
22. The assembly has a right to appoint its
own committees; but it is customary to delegate
the power to its presiding officer, by rule.
23. Upon going into committee of the whole,
the presiding officer calls some member of the
assembly to the chair.
22 
IN LEGISLIATURES, SOCIETIES, ETC.    23
Taking of the Sense of the Assembly
by Yeas and Nays.
24. It should be provided by a rule, that on
all questions and  motions the presidiung officer
shall take the sense of the assembly by yeas and
nays, provided one fifth of the members present
so require; and thie call for the yeas and nays
should be decided without debate. The roll may
be called in alphabetical order or otherwise; and
no member should be atllowed to vote who was
not upon the floor when his name was called, or
before the roll-call waas finished.
25. The provision that one fifth, or some other
small proportion of a legislative body, may call
the yeas and nays, is almost universal in deliberative bodies, and is provided for in the constituttions of some of the states.  It will probably
always remain, for, altholg,h it is frequently an
annoyance to the majority, it is found indispensable, sooner or later, to all the members, and is
a contrivance by which the people, or the constituents of a body, hold their representatives to
an accountability, and one which they will not
relinquish. 
MANUAL OF PRACTICE
26. A call of the assembly for the purpose of
ascertaining the number present, or a call for
the yeas and nays on any question under debate,
are neither of them  " questions or motions,"
within the meaning of such a rule.  To call the
yeas and nays upon the yeas and nays would involve the body in interminable work.   FIrom the
Necessity of the case, certain things, which may
seem to be permitted by rule, cannot be permitted
without sacrificing all the objects of the assembly.
27. It sometimes happens that the meeting
desires to get rid of the yeas and nays even after
they are ordered; the progress of the measure
under debate having done away with their si,gnificance.   A  majority can reconsider the demand, and then the call may be neg,,atived. It
is well to postpone putting the question on ordering the yeas and nays until the question under
debate is about to be stated. By that time rnmeinbers understand whether they want them or not.
28. A call for the yeas and nays may be withdrawn by unanimous consent, even after they are
ordered.
29. In a body invested with legislative powers
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IN LEGISLATURES, SOCIETIES, ETC.       25
no member is allowed, under any circumstances,
to vote or to change his vote after the result is
announced from the Chair. If a member under
such circumstances desires to have his opinion
known, he may, if allowed, have a statement put
upon the journal as to the way he wo?uld have
vioted. This principle must be insisted on in
order to preserve the rights of those who  prevailod in the vote, and to avoid evil precedent in
cases where there would be no approach even to
change in the result by admitting the objectionable proceeding.  No member should be allowed
to vote whlo is not inside the bar of the assembly.
The clerk's table should not be visited by members or others during the roll call.
Order of putting Questions; Times
and Sums.
30. The presiding officer propounds all questions in the order in which they are moved, unless the subsequent motion be previous in its
nature; but an exception is generally made to
the effect, that, in filling blanks, and in naming 
MANUAL OF PRACTICE
sums and fixing times, thle largest sum and longest
time shall be put first.  This is designed to obviate the difficulty arising in the naming of sumss
and times if they are treated as amendments.  As
a proposition can be amended only in the second
degree, and as an indefinite number of sums and
times may be suggested, it is better to treat miotions of this sort as blanks to be filled in the bill,
resolve, or order.   It would  sometimes  seemn
better to adopt the opposite rule, namely, the
smallest sum instead of the largest; but it is
needful to have some uniformity, and on the
whole the rule has been proved best in practice,
in Congress and elsewhere.
31. " Unless the subsegueit qnotion be pgrevious
in its nature."  Cases of this sort are common.
One instance will be sufficient.  A motion may
be made to insert or strike out a section; then a
motion to amend it,  the last must be put first,
because the assembly must first be allowed the
opportunity to perfect, before they are called on
to keep or to abolish. This principle will not
apply in the case of a motion to adjourn to a
particular time, which, though " previous in its
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IN LEGISLATURES, SOCIETIES, ETC.
nature," cannot supersede a motion to adjourn,
for reasons elsewhere given. This subject will
be further spoken of under the head of' AMENDMIENTS.
Motions after they are stated by the
Speaker; Power to withdraw a Mo  tion to reconsider.
32. After a motion is stated or read by the
presiding officer, it is deemed in the possession
of the assembly to be disposed of by vote; but
the mover may withdraw it at any time before a
decision or before an amendment is moved, except a motion to reconsider.  It is customary to
prescribe by rule some time within which this
latter motion must be made;  and as the whole
assembly, or a large part of it, may be said to
have a right in such a motion, it must not be
withdrawn by the mover after the time for making it has expired.
33. This limitation on the power of withdravwing motions perhaps needs explanation, at least
in the lanuguage " before an amendment is moved."
27 
MANUAL OF PRACTICE
If an amendment is moved, being first in order,
it becomes the n       1otio ) before the assembly, and
cannot be got rid of by one who has moved
what in such a case is the second proposition.
If the first motion has been actually amended, it
has passed out of the ownership, so to speak, of
the one who moved it, and of course cannot be
withdrawn by him.
"Privileged Motions;" or Precedence
of Motions.
34. As a general rule, mnotions are put in their
order; but the rule is subject to modifications
embodied in the rules of deliberative bodies, and
as now stated may be regarded as settled on parliarnentary principles.
35. When a question is under debate, the
speaker shall receive no motion, but to adjourn,
to lay on the table, for the previous question, to
postpone to a time certain, to commit, to amend,
or to postpone indefinitely; which several motions have precedence in the foregoing order;
and a motion to strike out the enacting clause
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IN LEGISLATURES, SOCIETIES, ETC.
of a bill is equivalent to a motion to postpone
indefinitely.
36. In practice, other motions, such as those
relating to the time of taking the question, or
relating to the time to which the assembly will
adjourn when it adjourns, are received and acted
upon; but this is under " general consent," expressed or implied.  If objected to, any motions
other than those named must be ruled out of
order.  The rule itself is necessary, so that the
business in hand may be proceeded with in order
and without confilusion.
37. The motion to lay up)on the table includes
a motion to lay the orders of the day upon the
table;  and when it is desirable to drop temporarily any subject under debate and take up another, this is the proper motion to make.
38. A motion to strike out the enacting clause
of a bill is a motion to " amend," and is thercforc implied in this list of motions; and may be
resorted to, like the motion to indefinitely postponle, as an additional chance for defeating the
pending measure, leaving, the vote on the further
reading to be disposed of, if this fails. A motion
29 
MANUAL OF PRACTICE
to amniend by striking out the enacting clause
would be equally useful. Its expediency is a
question of " tactics."
39. The rule says, this is " equivalent" to a
motion to postpone  indefinitely.   This  means
that the result is the same in the two cases, that
is, if the bill is amended by striking out this
clause, the presiding officer must announce that
the bill is postponed.
40. Miotions to reconsider votes  rejecting or
adopting amendments  are also within the classification of motions to' amend," and arc in order.
Reasons for the Order in which these
Motions are put.
41. The motion to adjourn is placed first, becauise the assembly must always be able to termninate its session at the will of a majority, without
the intervention of any other business.  And it
may be remarked here that any rule which seems
to conflict with this indispensable ri,ght o,ugh,t to
be abrogated or liberally construed.
42. The motion to lay on the table is tempo
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IN LEGISLATURES, SOCIETIES, ETC.
rary in its nature, and the assembly may desire
to avail itself of it rathller than be forced to a vote
before it is prepared; it also furnishes time for
consideration  before  thle  previous  qulestion is
ordered.
43. If the assembly is not willing to adjourn,
and refuses to lay the subject on the table, the
previous question may well be moved in order to
test the wvillingness of the members to have a
speedy decision.  The effect of ordering, the main
question will be stated elsewhere.
44. To " commit" is a common motion in case
the assembly desires further information or receive  amendments  from  at committee,  or for
various otlher reasons; and this motion is put
belore the motion to amend, so as to give opportunity for furthler revision or consideration before
any actiu)n is taken.
45. A  motioni to commit withl instructions is
not divisible, but a motion to amend  by adding
or strikirng out the instructions is in order.
46. Indefinite postponement is the last motion
before the vote in passing or rejecting any proposition.  Like the motion to amend by striking
31 
MANITAL OF PRACTICE
out the enacting clause, it furnishes an opportunity to feel the temper of the assembly before the
final vote.   All the motions  named  after the
previous question, are cut off if the main qulestionr
is ordered, except the pending motion to amend,
because it is assumed, that, if the assembly orders
the previous question, it has made up its mind
to finish the measure at once.
47. It has been at times customary in the
HIouse of Representatives of Massachusetts to put
the question on all amendments sent to the Chair
before the previous question is ordered, even
though they have not been stated. This is contrary to good sense.  If continued, it should be
provided for by rule stipulating that the question
should be fully stated before the question on the
previous question is stated. On the whole the
practice is bad. If the tardy amendment is im portant, opportunity should be allowed to con sider it; if unimportant, universal consent will
be all that is needful to allow it to be voted on.
The rule may perhaps be dropped wisely in other
than legislative bodies.
32 
IN LEGISLATURES, SOCIETIES, ETC.    33
The Motion to lay upon the Table.
48. This does not apply to a proposition to
amiend " or " commit," because it would be
absurd to separate the incidental from the principal question, and the result is as easily attained
by a regative vote.
49. Thie Table, and the Speaker's or Presiding
Of(icer's Table, are not the same. The latter is
the place for papers awaiting their turn to be
disposed of in order.
The Motion to adjourn; also Motions
to be decided without Debate.
50. A motion to adjourn -is always first in
order; and this motion, and the motions to lay
ol the table and take from the table, should be
decided without debate.
51. A rule to the above effect is nearly universal, and seems necessary for the despatchl of
business, and no hardship can arise under its
operation.  The right of a body to adjourn without the delay consequent on debate, is one which
3 
MANUAL OF PRACTICE
seems indispensable to freedom of action. This
motion, not being subject to debate, cannot be
amended by a proposition to adjourni to a speci
fled time. which would be necessarily debatable.
It will generally be easy to interpose a question
as to time, and then  to reject the motion  to
adjourn, which may be renewed after the interposition of any other business,- further debate
being considered " business" in this sense.  The
interposition of other business, or the continuance
of debate, before another motion to adjourn is
made, is needful to secure against factious proceedings, and to allow the majority, with reasonable regard to the minority, to make an effort to
go on with the business.
52. In addition to this limitation to debate it
may be stated here, that, after both sides of a
question have been put to the assembly, debate
is not in order except by general, that is, universal, consent.
34 
IN LEGISLATITRES, SOCIETIES, ETC.      35
The Previous Question.
53. The previous question is provided for by
rule.  Its form is now settled in this country,
and is as follows: " Shall the main question be
now put?"  After it is moved, all debate on the
main proposition before the assembly is suspended
until it is decided.
54. Tile effect of an affirmative vote on the
previous question is to bring the assembly first
to a vote on the amendments, and then upon the
bill, or whatever other proposition mnay be pending,, subject to the right of the assembly to
adjourn.   Althoug,h a motion to lay upon the
table is, under the rule previously recommended,
pttt before the previous question, if negatived it
cannot be again interposed to prevent a decision.
If after the previous question is ordered a motion is made to reconsider a vote on the rejection
or adoption of an amendment, that motion must
be put, though without debate; the reconsideration of an amendment being part of the question
of amnendment, and the right of reconsideration
being important to allow members full opportu 
MANUAL OF PRACTICE
nity for deliberation, especially under circuinstances of surprise. The matter of reconsideration
is treated elsewhere.
55. When the assembly is acting on a motion
to reconsider a decision, the previous question
applies only to that, and must be moved again
on the bill or other proposition the decision on
whichl is reconsidered.
56. There is no way of avoiding an immediate
vote after the previous question is ordered, except
by an adjournment.  A  motion  may be withdrawn after the previous question is ordered,
provided it has not been amended, or provided
that no amendment has been moved to it so as
to take it out of the control of the mover.   Of
course this remark as to withdrawal does not
apply to the bill or other main proposition, which
is in the possession of the assembly.
57. The effect of a giegative decision of the
previous question varies according to the customr
of various legislative bodies.  The custom in the
Alassachusetts Hlouse of Representatives, to keep
the proposition before the assenmbly until otherwise disposed of, that is, to treat it as if the pre
36 
IN LEGISLATURES, SOCIETIES, ETC.
vious question had not been moved, seems to me
a good one, and where customi  has not made it
' parliamentary," it might be fixed by rule.
58. If the assembly adjourns after the previous
question is ordered, proceedings are restumed at
the same point at the next meeting.
59. It may be worth while to repeat, that motions to commit and postpone are " cut off " when
the previous question is ordered.
60. All questions of order arising after a motion is made for the previous question are decided
without debate, excepting  on appeal; and on
such appeal it is well to provide by rule that no
member shall be allowed to speak mlore than
once without leave of the assembly.  This is to
prevent unreasonable and vexatious delays.
Equivalent Questions or Motions.
61. When the negative of one amounts to the
affirmative of the other, and leaves no other alterzative, the decision of one concludes the other.
37 
MANUAL OF PRACTICE
Rights and Privileges of the Assembly.
62. Members have an equal right to the floor,
and when two or more rise at once, the presiding
officer names the member who is entitled to it.
No  member should be allowed to speak more
than once till the other members who  have not
spoken shall speak, if they desire to do so.
63. If it is thought expedient, chairmen of
committees, or members having charge of bills,
may be, by rule, invested with privileges, such
as closing the debate, &c.; but I think  such
members have from  their positions advantages
enough without the addition of these. Thle course
of modern legislation, and the preparation of
bills in committees, are of such a character as to
render the right to the last word in opposition
quite as serviceable to the public interests as the
ri,ght of the last word in advocacy of a measure.
64. The privilege of a member is the privilege
of the assembly to which he belongs, and not his
own; and the assembly must take notice of it
when brought properly to its attention.  And the
member cannot waive it without leave. It does
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IN LEGISLATURES, SOCIETIES, ETC.    39
not come within the purpose of this work to discuIss further what are the privileges of members
or of the assembly.
Privileged Questions.
65. I will state here that privileged questions
are not to be confounded with questions of privilcjrce.  The latter have been spoken of in the preceding paragraph.  A privilteged quecstioi? is one
which has precedence over another by right, or
rule, althlough it may have been entered or made
after the motion not privileged.   It generally
relates to the order of business.  A personial explacation does not necessarily belong to either
of these classes of questions.
Decorum of Members; Relevancy and
Irrelevancy.
66. Every member, when about to speak, must
rise and respectfully address the Chair, confine
himself to the question under debate, avoid personality, and sit down when hlie has finished. No 
MANUAL OF PRACTICE
member should speak out of his place without
leave. This is, more or less, " directory " in its
character, and does not always call on the presiding officer for enforcement, except that part
which forbids personality and compels the miember to address the Chair. It is not always possible for a member to confine himself', or be confined, to his subject, and it seems often difficult
for a debater to know when he has " finished."
One of the commonest questions raised in an assembly relates to the right of a debater to discuss
what seem to the objector to be irrelevant points.
Questions of amendment, commitments, &c., are
so closely connected with the main proposition,
and the range of illustration or argument is so
wide, that it does not seem practicable to lay
down any general rule, except that which, as in
the preceding paragraph, leaves the question in
each particular case to the sense of the one who
has the floor, and the discretion of the presiding
officer.
40 
IN LEGISLATURES, SOCIETIES, ETC.
Questions of Order.
67. No member speaking should be interrupted
by another but by rising to call to order.  Whenever an interruption is made, the presiding officer
should ask the member who interrupts what is
his purpose. If he has a question of order, it
must be decided.  If hlie merely desires to make
an explanation, or to ask one, or to ask a quiestion, or interject an argument in any shape
(which hlie ought not to be permitted to do), the
member having the floor otight to be asked if he
yields it. If hlie does, he loses the right to it altogethler.   An experienced debater seldom  loses
anything by interruption; an inexperienced one
ought not to be subjected to loss and discomfiture
by any such event.
Breaches of Order.
68. When a member is guilty of a breach of
order, he may be required by the assembly, on
motion, to make satisfaction therefor; and should
not be allowed to speak, except by way of excuse,
41 
MANUAL OF PRACTICE
till he has done so. It is the duty of the monitor,
or other person appointed for such purpose, to
give notice to the assembly if any member persists in a breach of order er of any rule.
69. If a member is called to order by another
for words spoken in debate, the words must be
taken down, or he is not subject to censure.  Notwithlstanding this, the presiding officer, whose
duty specially is to preserve decorum, may peremptorily call a member to order.
70. It is a breach of order to refer to the proceedings or opinions of the executive department,
or of a co-ordinate legislative branch, for this
reason, that the opinion of each House should be
left to its own independency."  " It is highly
expedient for the due preservation of the privileges of the separate branches of the legislature,
that neither should encroach on the other, or interfere in any matter before them so as to preclude or even influence that freedom of debate
which is essential to a free council."  This does
not apply to matters whichll have been oficially
communicated  by  the  executive or the other
branch.  It has also been deemced a breach of
42 
IN LEGISLATURES, SOCIETIES, ETC.    43
order (tlhougt,h, I judge, by none but stiff parliamentarians) to speak impertinently, or superfluously, or tiresomely.  It is not in order to reflect
on any proceedings of the assembly, unless with
a view to annul the same; to allude to a memberi
by name, or to arraign his motives.  A  member
called to order, and decided to be not in order,
cannot proceed, even in order, if objection be
made, without leave of the House.  To allude to
a member by name is said to " tend to disorder;"
but this cannot be so universally or generally,
and the cases in which it does may perhaps be
wisely left to the observation of the Chair, and
rebuked without making a point of every infiraction of the rule. An allusion to the co-ordinate
branch or any of its members is, however, a
graver matter, and to be more carefully guarded
against, for although one branch has no power
to call the other to accoun)t, it may yet coinf~lai)
of it, and such complaint may lead to unpleasant
and troublesome consequences. 
MANUAL OF PRACTICE
Reconsiderations.
71. For convenience, I have put in the shape
of a rule what I deem a good practice, and not
incompatible with parliamentary principles, as
understood in this country, on the subject of reconsiderations.
72. When a vote is passed, except on motions
to adjourn and to l.ay on and take from the table,
it is in order for any member of the majority to
move for a reconsideration thereof on the same
or the succeeding day, and such motion, if' made
on the same day, shall be placed first in the
orders of the day for the day suceceeding that on
which it is made; but if first moved on puch
succeeding day, it shall be forthwith considered.
And when a motion for reconsideration is decided, that decision shall not be reconsidered,
and no question be twice reconsidered. Provitded,
however, that a motion to reconsider a vote, upon
any incidental or subsidiary question, shall not
remove  the main  subject under consideration
from before the assembly, but shall be considered
at the time when it is made.
44 
IN LEGISLATURES, SOCIETIES, ETC.
73. The reasons for exempting certain motions
from reconsideration are these: -
A motion to adjourn, if negatived, can be renewed, with a proper interval; a reconsideration
of the motion (carried) to lay on the table would
be simply a motion to take from the table, and a
reconsideration of a motion (negatived) to take
from the table would be simply a motion to let
the paper lie there.
74.  A  " member of the majority" means a
member  of the prevailing party.   Thus, if a
measure is lost by a tie, one hundred yeas to one
hundred nays, for instance, one who voted " nay"
must make the motion. In the case of a question
requiring a vote of two thirds, if there are seventy
yeas and thirty-six nays, and the measure is lost,
one of the thirty-six is a majority member for
the purpose of this rule.
75. A motion for the reconsideration of at pricip]al ifgestion ought not to be made while the
order of the day, or a special order, is under
consideration.
76. " Forthwcith  considered."  This does not
imply that it must be at once deterriened; the
45 
MANUAL OF PRACTICE
motion is subject to postponement like other
questions, but not to recommitment.
77. "No question slyall be twice rcconsidered."
It sometimes happens that a bill is passed, and
that then, after reconsideratiou, it is killed.  The
question has arisen whetler, the result of the two
votes on the principal question being different,
there can be a motion to reconsider the vote to
reject (or a vote to pass, in an opposite case).
Such a motion would not be in order; the questionI having been twice tried, this is all that fairness requires, and that a regard for the despatch
of business will allowv.
78. The proviso in the rule refers mostly to
motions to reconsider votes on amendiments.  It
is obvious that such questions cannot be postponed until another day.  To do this would postpone the whole matter.
79. The question has arisen whether a reconsideration on an almendment can lbe moved after
the previous question is ordered.   I think it can,
because the vote on reconsidering an amiendment
is a vote on the amendment itself.  That is to
say, the important right of two votes on such
46 
IN LEGISLATURES, SOCIETIES, ETC.
questions cannot be cut off by the previous question.  The amendment may be at first imiperfectly understood, and may be the vital point. Of
course, after the previous question is ordered, a
miotion to reconsider on an amendment cannot be
debated, but deliberation may be in somne degree
attained by a call for the yeas and nays.
80. The motion to reconsider may be made
and put, even if the paper be in the lhands of the
other branch; but if the Inotion prevails, it must
be sent for and obtained before further action
is taken.
Excusing a Member from Voting.
81. It is a good legislative rule that every
mnelnber present when a question is put, when
he is not excluded by interest, shall vote, unless
the assemnbly for special reason excuse himi; and
that the memb)er desiring to be excused  shall
make application before the assembly is divided,
or the yeas and nays are called; such application
to be accompanied by a brief statement of reasons, and to be decided without debate.   With
47 
MANUAL OF PRACTICE
out a rule to this effect, the right to debate such
a request could not probably be called in question.
Reducing Motions to Writing.
82. Every motion must be reduced to writing,
if the Chair so directs.  This mainly applies,
however, to amendments and other complicated
motions. It is convenient, even in other cases,
to enable the Chair to " gain time."
Division of Questions; Motions to
strike out and insert.
83. Any member may call for a division of a
question when the sense will admit of it, and the
Chair shall decide this question without appeal.
A motion to strike out and insert shall be deemed
indivisible; but a motion to strike out being lost,
shall neither preclude amendment nor a motion
to strike out and insert.
84. It seems to me safe to provide that the
Chair may decide whether a question be divisible
or not, without appeal, though this is contrary to
48 
IN LEGISLATURES, SOCIETIES, ETC.
the general principle as to his powers. Mr. Jefferson's rule as to the divisibility of questions is
as good as any thatt can be made: "A question,
to be divisible, must comprehend points so distinct and entire that one of themn being taken
away the other may stand entire." The best
way, however, to divide questions is by motion
to amend.
85. An amendment may be divided after the
previous question is ordered.  It is hardly necessary to say that the question of the passage of a
bill cannot be divided.
86. A motion to commit with instructions is
not divisible; a motion to amend by striking out
the instructions is the proper method.
Forbidding Members to- vote, &c.
87. No member is permitted to vote, or serve
on any committee,  in any question where his
private right is immediately concerned, distinct
from the public interest. The enforcement and
validity of this rule, in the present state of legislation in this country, depends on the personal
49 
MANUAL OF PRACTICE
honor of the members, and (as to the appointment of committees) on the sense of propriety
and the vigilance of the presiding officer. Too
often the " private rilght" is considered by the
member, and allowed by the presiding officer, to
be the best claim to be put on a committee.
Committees of Investigation.
88. There is no valuable principle which requires or presumes that a member who proposes
an investigation into any particular sul)ject shall
be placed on it, or that those who desire an investigation shall have a miajority of the committee.  The traditions, maxims, and precedents on
this subject have very little value, having come
to us from times widely different from our own.
Amendments not "germane."
89.  There is no parliamentary principle involved in the practice on this subject, but a rule
exists in some bodies that " no motioln or proposition of a subject different fromn that under con
50 
IN LEGISLATURES, SOCIETIES, ETC.
sideration shall be admitted under color of amendment."  It is not held to imply that motions shall
not be made which will destroy the efficacy of
the original proposition.  The object of the rule
is to prevent the attaching of two or more different questions together.  A  member who offers
a proposition in good faith is entitled, under this
rule, to a vote on it unembarrassed by other
subjects, though he must submit to hostile amnendments on the same general subject. The rule,
if adopted by one branch of a legislative body,
ought also to be adopted by the other, so that
they may be on an equality.  The absence of
such a rule in the Senate of Miassachusetts, some
years ago, led to the attaching together of two
incolngruous bills, one of which had been rejected
by the House;  the other being not objected to
by either branch.  Th-e House, having insuperable objections to the first, was comrpelled to submit to the loss of the other; and it afterwards
adopted a rule that it would not consider an
amendment to one of its own bills made by the
Senate, which  amendment  is substantially the
same as a bill once rejected by the House.  Un
51 
MANUAL OF PRACTICE
der this rule, seldom brought into use, and which
has the al)pearauce of discourtesy, the custom is
for the clerk to indorse on the amended bill
(after a statement, and without a vote) that the
amendment is non-concutrred in, and to return
the paper to the Senate for an opportunity to
recede.
Unfinished Business.
90. The unfinished business, in which the assembly was engaged at the time of the last
adjournment, should have preference the next
day after motions for reconsideration.
Of suspending Rules.
91. No rule or order should be dispensed with,
altered, or repealed, unless two thirds of the
members present consent thereto. This rule is
necessary in order that members  may  have a
permanent guide for parliamentary action; and
it would seem, that, if it be found desirable to
change a rule after the beginning of the session,
or perhaps of a year, in case of a society, the
52 
IN LEGISLATURES, SOCIETIES, ETC.      53
rule itself should be reported on by a committee,
and the alteration deliberately mnade and printed,
and then remain until charnged by the same proccss.  It is very common to suspend the rules,
or one or more of them. A motion to suspend
which affects the business pending is always in
order, but debate should be limited.   [As it is
often necessary that some special rules should
not be suspended without unanimous consent, a
clause to this effect should be added.]
92. A motion to " suspend" should state what
rule, or what part of a rule, the mover desires
to suspend.
93. Qtlestions of parliamentary principle are
not sul)ject to " suspension."  If a difference of
opinion exists on these between the presiding,
officer and the assembly, it must be settled by
appeal.
Priority of Business.
94. All questions relating to the priority of
business to be acted upon shall be decided without debate.  This is an old legislative rule.  It
seems to mean, that any proposition to take taip a 
MANUAL OF PRACTICE
matter out of its turn, whether it be on  the
Speaker's table or in the orders of the day, and
to give it the preference to other matters, is not
debatable.  The reason for it rests on a similar
principle to that which prohibits debate on the
motion that a matter lie upon the table.
Petitions, Memorials, &c.
95. A petition must ask for something, and be
not merely an argumenit, or a protest ag,ainst
something the petitioner does not like.  A " remlonstilancce "  is a  petitito   against  somiethin,
asked for by another.   A'1 memorial" is a petition giving reasons.  It is not necessary that the
thing asked for be within the power of the body
to grant, to entitle it to reference or other respectf'ul treatment.
96. Although the " right of petition" is secured
by constitutions, it is subject to the riles of coinmon sense.  The petition is not entitled to be
received unless respectful in terms, nor, as above
stated, unless it asks for something, nor uless
its signature or signatures are genlulie, or are
54 
IN LEGISLATURES, SOCIETIES, ETC.
vouched for.  Votes of societies, or resolutions
of meetings, couintersigned by their officers, are
not petitions beyond the names attached to them.
Especially is this true of such as profess to represent thousands and tens of thousands of persons,
who perhaps never heard of the pretended prayer.
Petitions should be carefully examined by the
member who presents them, who is liable to be
imposed on by outside indorsement.
97. A petition  should ask for one thi?g. If
the petitioner wishes for two or more, he sloltild
prepare two or more papers, so that the proper
committee may have charge of the matter, and
so that, when a report is made, the assembly may
know that no matter is left undisposed of in the
hands of the committee.   And if there are two
or more branches of a petition, the committee in
reporting on one should state, or give it to be
understood, that they are reporting merely in part.
98. If a petition does not, in general, fulfil the
conditions here stated, it ought to be handed back
by the Chair to the member who presented it, for
further examination.
55 
MANUAL OF PRACTICE
Powers of Committees, and Reference
of Subjects to them.
99. A committee of any assembly or society,
whether it be a " conmmnittee of the whole," or a
select, special, or standing committee, or by
whatever name it may be called, has no power
to report to the assembly on any subject which
has not been specially referred to it. And a
committee which has a name implying broad and
general powers has, if possible, less wideness of
authority and scope than one whose title implies
a limitation to special matters. A petition, order,
or bill, referred to a committee, is an order of
the assembly to consider the prayer therein contained; and it is by virtue of this order implied
in thie reference, and not by virtue of the petition
itself, or by virtue of anything in the name of
the committee, that the committee proceeds to
act, and it must confine itself strictly to the terms
of the petition.  If the petitioners find that they
have not covered their entire case, they should
petition anew, and have the subject more specifically referred either in that way or by order.
56 
IN LEGISLATURES, SOCIETIES, ETC.
100. The other method of bringing matters to
the attention of a committee is by special order;
and such an order should be full and explicit.
The reasons for keeping the committees strictly
wvithin their bounds may be again' stated.  The
public reason is, that the constituents of the assembly have the right to know what the assembly
is considering; and the assembly in its turn has
a ri,lght to know what its agent is considering.
The reason which more particularly conmmends
itself to observation as relating to the assembly
itself is, that there would be endless confiusion in
any body which should tolerate the admission'of
reports from committees on subjects not specifically referred.   Business ordered  to be done
might be neglected; one committee might interfere with the functions of another; contradictory
reports might be made, and the assembly would
in fact lose its character as a deliberative and
representative body. The same principle applies
to societies, organized for whatever purpose.
101. An illustration of the strictness of this
principle may be drawn from the practice of referring executive mnessages.  Where they embrace
-0 7 
MANUAL OF PRACTICE
a number of distinct topics, they are divided and
the several parts referred to different committees,
with implied instructions to consider and report
on these specific topics and on no others.
102. It is lithe duty of the presiding officer to
call attention to any report whlichl conflicts with
this principle, whether the iuretgularity is taken
notice of by any other person or not.   And this
is a matter which  cannot be chl-aned by a suspension of a " rule," for (it may be as well to
state here as elsewhere) a principle of pailiamentary practice cannot be  suspended biy vote, but
if declared by the presiding officer, must be appealed from and decided one wray or another, so
that it may beconme  settled, for the time being at
least, what the practice is to be.
Orders of Inquiry.
103. It should be made the duty of each member of a legislative body, who moves that any
committee be instructed to inquire into the expedieincy of amending an existing law, to point out
clearly the amendment, which hlie deems expedient,
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IN LEGISLATURES, SOCIETIES, ETC.
in writing, to accompany his motion, specifying
the chapter and section of the statute referred to.
Reports from Departments, &c.
104. All reports from departments, commissions, or bureaus, may be referred to the proper
committees; Ibut such reference does not entitle
the committees to report legislation thereon, unless the particular subject on whlichl legislation is
thlou,lght to be needful is pointed out by an order,
and adopted in that form by the assembly.
Persons and Papers.
105).  All orders givilng authority to a comnittee to send for persons and papers must particularize the case in which the witness is required
to testify, or in whilch the papers are to be used;
and no general authority is given to any conmmittee, joint or of either bran-ch. All writs, subpoenas, and warrants for such purposes should
give the substance of such order.
106. Let mle add here that the assembly can
59 
MANUAL OF PRACTICE
not instruct a committee to do with a bill anything it would be contrary to rule or principle to
do of itself.
107. Committees should report some substa)ztiVre p))oposition, even in cases where they merely
wish to declare that legislation is " inexpedient,"
or to give petitioners "leave to withldraw."  For
instance, " Resolved, That it is inexpedient," &c.
This will prevent the assumed necessity, which
confuses some persons, of miaking two questions,
on the accepting and the adopting of a report.
The committee is supposed to discharge itself, or
to be discharged, wleu it reports; and if so,
then the question comes on the substantive proposition which it lays before the assembly.
Proceedings in Committees.
108. It is not. worth while to lay down  any
rules, hardly to make any suggestions.  A  committee cannot report anything, unless a majority
finally agrees to the report, thlou,gh for convenience a majority of those present may temporarily
agree, and dispose of a question.  For this pur
60 
IN LEGISLATURES, SOCIETIES, ETC.
pose I have found  it somewhere  stated, that
when there is, for example, a vote of two and
two, or four and four, the chairman, altlhoughl,l lie
may have voted, may vote again to bring the
committee to a temporary decision; but I see no
good reasons for allowing this.
109. The minority of a committee cannot, by
Triglt, make  any report, but  must  get formal
leave to introduce one, if they desire to express
their dissent.
110. Committees cannot sit, without leave of
the assembly, during its session.  It may be well
to provide by rule that any number not less than
two of a committee may call a meeting, provided
the chairman neglects to do so.
111. It is understood that a committee has no
power to exclude members of the assembly from
its sessions. Of course it may adjourn, or post pone its work, till it can obtain privacy.
112. The first member named  upon a coIm mittee is the chlairman; but in tihe absence of
rule the committee may elect a chairman.
113. It is usual to provide by rule that bills
and resolves shall be  written in a fair, legible
61 
MANUAL OF PRACTICE
hand, without interlineations, on not less than
one sheet of paper, with suitable margins and
spaces between the several sections or resolves.
Introduction and Reference of Bills.
114. No bill or resolve shall be introduced to
the assembly, unless reported by a committee,
without hablving first been read for information,
and special leave thereupon granted; and, when
thus introduced, such bill or resolve should be
committed to a committee, before it is ordered to
a second reading. No parliamentary principle
seems involved here. The reason, and a sufficient one, for the rule is, that time is saved, and
deliberate action is secured by it.
First Reading of a Bill.
115. The first reading of a bill should be for
information; and, if opposition be made, the
question is, "Shall this bill be rejected?"   If
no opposition be made, or it' the question to reject
be negatived, the bill goes to its second reading
62 
IN LEGISLATURES, SOCIETIES, ETC.
without  question.  I do not broadly state that
this is parliamentary law, but it is a very old
legislative and congressional rule, having been
in force in the national House of Representatives
since 1789.
116. I have known motions to be made to
amened a bill to which oljeetion is made on its
first reading, and such a motion to be entertained.
But the rule is explicit, and the reason for it
clear enough.  The debate will show whether or
not the assembly is willing to consider the bill,
or means to reject it without other consideration
than the first discussion gives it. The debate
will disclose any propositions to modify it, and
if the assembly thinks it can be put in shape
worth considering, it will say' No" to the question presented, " Shall it be rejected?" No freedom  of debate or amendment  (thereafter)  is
therefore infringed by the rule, while considerable
may be gained in time by disposing of an unwelcome  or  impracticable  proposition  speedily.
Opposition" may be made by a member, or by
a committee (in the case of a bill committed to
them  and reported on adversely), and in either
63 
MANUAL OF PRACTICE
case the question must come on rejection.   I
think tile rule- though I have had some question of this-prevents recommitment to a coinmiittee.  If a member has a ri,ght to insist on his
oppl))osition and require a vote on rejection, a
committee has equal right; and it w"ould seem
that either would be overruled before any commitmient or recommitment can take place.
Additional Readings of Bills.
117. No bill or resolve should be passed without being read on three several days.  This has
been generally agreed on as giving no more than
due time for deliberation and debate.
Bills rejected not to be again intro                 duced.
118. It is a rule that when any bill, resolve,
resolution, order, petition, memorial, or relmonstrance has been finally rejected, no other, sutbstantially the same, shall be introduced by any
committee or member during the session.  This
64 
IN LEGISLATURES, SOCIETIES, ETC.    65
does not exclude matters of the same sort from
coming from the other branch.  The rule itself
is almost indispensable, for reasons which hardly
need to be stated. If any great emergency exists
requiring dead bills to be revived, the power to
suspend rules will be quite sufficient, and instead
of limiting the inflexibility of the rule, it would
be well if it could be made more inflexible. It
is a crying evil that subjects which the public
have reason to believe have been finally disposed
of are so frequently revived months afterwards.
The consistency of the assembly, the avoidance
of contradictory action, tending to throw suspicion on the character of the body for integrity or
clearness of purpose, are additional reasons for
guarding against the practice forbidden by this
rule.
Amendments.
119. The principles which govern amendments
are, with few exceptions, matters of established
usage, founded on the necessities of the assembly
in the speedy, safe, and equitable transaction of
5 
MANUAL OF PRACTICE
its business.  I shall here, in as brief a way as
is possible, state the principles and best usage as
to amendments;  and it is important to bear in
mind that it is possible that some deliberative
bodies  have  adopted  rules  inucomlpatible  with
sound parliamentary principles on this subject,
as well as on some others.
Limit to Amendments, in Degree.
120. An amendment to a bill or other proposition  cannot be amended  beyond  the second
degree; that is to say, if an amendment is moved,
an amendment to that amendment is admlnissible,
but nothing beyond, in that direction.  If the
amendment to the amendment is agreed to, it
becoimes a part of the amendment first moved;
and the last namned is then susceptible of a new
attempt to amend; and so if the amendment to
the amendment is negatived.  And this process
may be repeated, unless the will of the assembly
intervenes by the previous question, or in sonme
other way.
66 
IN LEGISLATURES, SOCIETIES, ETC.      67
Amendments " germane."
121. The rule, that " no motion or proposition
of a subject different from that under consideration shall be admitted under color of amendment," does not preclude  amendments which
change the intention of the first mover.   The
Chair cannot suppress a motion on this last
ground. There is no hardship in admitting this
class of motions, for the assembly is supposed to
know what it wants, and will reject them if it
desires to do so.
Propositions to be perfected before a
Vote is taken.
122. If a bill or section is under consideration,
and a motion is made to amend it by substituting,
in whole or in part, another bill or another section, and if amendments are offered to both bills,
or both sections, these last must be disposed of;
the principle being that both propositions should
be perfected, or put in shape, before the question
is put either on substituting the one or on sup 
MANUAL OF PRACTICE
pressing the other. The friends of a bill or section, in other words, must have the privilege of
selecting the most advantageous form for it, before it is liable to be suppressed by substitute
and the friends of the amendment must have the
privilege likewise of putting their own words iu
as favorable a point of view as they desire, before
the question is put on substituting.
123. Another reason for this is, that, after the
assembly has voted to insert certain words in
place of certain other words, the words inserted
must stand, unless there is a reconsideration, or
unless the language is restored or changed at
another stage. So, if the assembly has negatived
the motion to insert, the original words  must
stand (if not reconsidered), subject to being struck
out or changed by another amendment after the
first is disposed of, or at another stage.
124.  When  the  assembly has agreed that
words shall not be struck out, it is irregular to
propose to strike out a part of them, for the as semil)y has proniounced in their javor; but words
may be added, and then a motion to strike out
the ori,ginal words, with the added words, is ia
68 
IN LEGISLATURES, SOCIETIES, ETC.    69
order, unless, indeed, the words added do not
change the meaning of the original.  Questions
of this sort are to be settled by reference to the
pric~le.
125. Amendments reported by a committee have
precedence over those moved by members; with
this exception:  amendments come in the order
they are moved, unless the bill be considered by
sections.
126.  The motion to strike out  and insert not
divisible. The reason for this is, that, if you
allow the question to be divided, you must necessarily allow the words proposed to be inserted to
be amended, if such a motion is made; and hence
the mover of the motion to strike out and insert
has a right to know what will take the place of
the words he proposes to strike out, and whether
he will then desire to have them out or not. He
is otherwise at a disadvantage to which he oug,ht
not to be put.  The assembly is entitled to know
also whether the words proposed to be struck out
shall stand or not, so that it may judge of the
effect of the words to be inserted.
127. A motion to " amend by striking out" is 
MANUAL OF PRACTICE
to be put in that form, and not, " Shall the words
stand?" 
128. Wheen a bill is ordered to be considered
by sections, and the Chair has called on the members for amendments to each section, hlie will put
the question, " Shall the section stand?" but it
will nevertheless be in order to go back afterwards, and  amend  a section which has been
thought finished.  Of course, after the sections
are disposed of, by agreement or disagreement,
the question comes on the entire bill or other
proposition.
129. These are all the principles in relation to
amendments,  in addition to those which  have
been elsewhere stated, which I have tholughlt it
advantageous to give.  Hundreds of pages mighlt
be occupied in stating examples, real or supposititious, and the experience of ten years more
might furnish materials enough for additional
hundreds.  In fact, the number of practical questions is endless, and new ones constantly arise in
the experience of clerks and presiding officers.
The rules ought to be liberally construed to carry
out the purpose of the assemblies; but. care
70 
IN LEGISLATURES, SOCIETIES, ETC.
should be taken not to set bad precedent by violating the principles whichli I have tried in all
cases to set forth.              -
Right to have Papers,  &c., read.
130. The right of every memnber to have every
bill read on which he is called to vote cannot
well be expressed in a rule, or in any other way,
in fact; for in extreme cases, for instance, where
there is an obviously factious or mischievolus
purpose in requiring bills to be read, it mutst,
from the necessity of the case, be subject to the
rirlht of the assembly to proceed withl the vote.
Tile matter must be left witlhout much attempt
at dogmatic statenmelt, and precedents are of no
value on such a point.  It is an error to suppose
that the right to have journals, papers, &c., read,
is an "u ualienable" one.
Titles and Preambles of Bills.
131. The title of a bill should state fully, yet
concisely, the subject-matter; and it is not suffi
71 
MANUAL OF PRACTICE
cient for it to state that the bill is to repeal,
amend, or change any particular previous statute.
This is to provide for giving information to those
who have occasion to look for the bill in the indexes of the laws. Furtive expressions, such as
" and for other purposes," ought to be avoided,
if possible.
132. The title of a bill is a separate question
to be determined after the bill is passed, and it
is known what shape it has taken. The same
remark applies to preambles, when they are
deemed necessary.
Special Order of Business.
133. A special order may be called for by any
member, but may afterwards be postponed by
vote. Where there are two for the same session
or day, the first ought to be finished before the
second is taken up. A safe rule is to say that
the expectation of the assembly ought to be carried out upon such questions, including the purpose of the committee or the mover.
72 
IN LEGISLATURES, SOCIETIES, ETC.
Amendments between the two Houses.
134. To prevent hasty and inconsiderate action
on matters which may not be well understood at
once, and to avoid long debates, as well as decisions likely to be reversed on information which
a committee could give, it will be well to provide
that - all amendments proposed by the [naming
one branch] and sent to the [naming the other
branch] for its concurrence, shall be committed
to the committee who reported the measure proposed to be amended, unless such committee be
joint.
135. On the general subject of amendments
between two branches of a legislative body, the
following observations are all which I deem
necessary. The process of amrnending a bill which
comes from a co-ordinate branch is the same as
that of amendiug an original bill; btlt in the
former case the amendments are attached to the
bill, and not incorporated into it, for opportunity
mnust be given to the branch which originates the
bill to say whether it agrees with the proposed
amendments or not.
73 
MANUAL OF PRACTICE
136. If it agrees, no further question arises,
and the bill passes in the form agreed upon. If
it agrees in part and disagrees in part, it gives
notice to that effect by indorsement on the bill,
or otherwise; and so, if it disagrees in the whole.
The part agreed to remains in the bill, and the
part disagreed to is subject to further action.
137. A bill returned with notice of disagreement  is taken  up, and  the question then  is,
whether the branchl  whose  amendment  is disagreed to will recede or insist.  If it recede,
there is an end.  If it-insist, it will notify the
other branch.  In this condition the bill cannot
be postponed or laid upon the table, except with
the purpose of ultimately taking it up again and
returning it to the branch which has amenided it,
which has a right in the bill,-  the right, that is
to say, to have it passed, and to recede from its
action, if necessary for that purpose.  There is,
however, a limitation to this principle.  TlYe, an
amen(ldment, sent down by one branch to the
other, invades the privileges of the branch whose
bill is amended, the bill may be laid aside, or
postponed indefinitely.
74 
IN LEGISLATURES, SOCIETIES, ETC.
138. When the question is before the assembly
whether it will recede or insist, both motions may
be made, and the one must have precedence
which tends to bring the two branches soonest to
an agreement.   A  motion to recede which is
negatived is equivalent to a vote to insist; and
vice versa. A motion to recede has precedence
of a motion to adhere, because the way to ag,reement should be open as long as possible, and because a vote to adhere implies a position of
unfriendliness towards the action of the other
branch, thoughl it is not necessarily to be so held.
139. The body whose bill is amended has also
another right besides that of' agreeing or disagreeing.  It mlay agree to an amendment with an
amc)endment, provided it can attach its proposition.
But it cannot amend any part of the bill which
has not been changed.   That is to say, both
branches having agreed to the main body of the
bill, the only question being on certain specific
alterations to its parts, neither branch can begin
de novo, and amend other parts.  The reason for
this is the necessity of considering a proposition
as agreed on and finished which has passed
75 
MANUAL OF PRACTICE
through the usual and the only needful parliamentary processes to insure against hasty and inconsiderate action. It must be admitted, however, that there is a limitation here to a certain
extent.  Parts of the bill which both branches
have agreed to must necessarily be subject to
amendment, if any of such parts need to be
changed, in order to ma7ce themn consistent and
congruous with the adopted  amendments.   Mr.
MIay says:  " Neither house may at this time
leave out or otherwise amend anything which
they have already passed themselves; unless such
amendment be immediately consequent upon
amendments of the other house, which have been
agreed to, and are necessary for carrying them
into effect."
140. It is perhaps necessary here to observe,
that, in considering amendments between two
houses, the proposition of the amending house,
being the only part of the text to which it has
agreed, becomes the original text of the bill for
the purpose of further amendment; and therefore
the principle as to the inadmissibility of amendments beyond the second degree applies to such
parts of the bill.
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IN LEGISLATURES, SOCIETIES, ETC.
141. If both houses vote to " adhere," the one
to its amendments, and the other to its non-concurrence, the bill fails. The adherence of one
branch alone does not produce this effect.
142. If the processes described fail to bring
the houses to an agreement, and an agreement
is desirable, there remains the committee of
conference.
Committees of Conference.
143. Committees of conference consist of an
equal number of members on the part of each
house, representing its vote  and their report, if
agreed to by a majority of each committee, is
made to the branch asking the conference, and
may be either accepted or rejected; but no other
action should be had, except through a new committee of conference.
144. The above is the rule in MIassachliusetts
on this subject. The theory of two branches is,
that each has an absolute negative upon the
other. Conference committees are the representatives and agents of the two houses, and conse
77 
MANUAL OF PRACTICE
quently their reports must be agreed to by a
majority of the two branches of the committee.
When appointed, each of them must represent
the vote of its own branchl-; otherwise one branch
is at the mercy of the other when the conference
meets.  And although the committee meets in
order to agree, yet the theory must always be,
that they are at issue up to the point of final
agreement.
145. Committees of conference ought to be
subject to instructions, for the subjects referred
to themn are, often of necessity, and generally by
contrivance, complicated, so that it is impossible
for them to represent the opinion of tihe branches
without such instructions. This will be obvious
when it is considered that the disagreeing votes
may be numbered by tens and hundreds.
146. Committees of conference have nothing to
do with any parts of the bill except those which
are the subject of disagreement; and even if they
are at liberty, in any event, to go outside of these
parts, they cannot do so without orders, for, like
all other committees, they are the creatures of
the houses which appoint them. This remark is
78 
IN LEGISLATURES, SOCIETIES, ETC.
subject to the modification just made as to the
necessity of perfecting a bill, if in any particular
an amendment is needed to make  it congruous
with amendments which may have been arrived at.
147. The provision ithat the report of a conference committee  must be accepted or rejected
in whole, and not in part, was no doubt found
necessary; because these committees are essentially comrnpromise bodies, and it would be difficult
to make the two branches of them agree if a part
of their report should be liable to be accepted
and a part rejected.
148. The rule implies, that, after a conference
committee is appointed, neither b)ratnch can recede.
This would seem to be wrong, as the object of
the committee is to come to an agreemrent.   Btt
such is not always the object. On the other hand,
one branch, hlaving agreed to a bill, may afterwards conclude that it o,ught not to pass, and
may have acted to that end all through its votes
on the amendments, and through its a(ction in
relation  to a conference; and  it may  desire
to reserve the right, whlichl it lhas under the rule
which  I have given, to destroy a measure by
79 
MANUAL OF PRACTICE
refusal to have a new committee, or by final disagreement if it can do so in no other way.
Committee of the Whole.
149. It is commonly provided by rule that the
rules of proceeding in the assembly shall be observed in a committee of the whole, so far as
they may be applicable. A motion to rise, report
progress, and ask leave to sit again, is always
first in order, and is decided without debate, it
being analogous to the motion to adjourn in the
assembly itself.
150. It is generally agreed that the previous
question is not in order in committee of the
whole, and also that the yeas and nays are not
to be called. The last clause of the foregoing
paragraph, if made a rule, precludes the necessity
of the previous question; and the votes in committee being, so to speak, tentative, and not to
be held as committing members finally, it is not
thought proper to bind them by the roll-call.
151. If a message is ready to be delivered
80 
IN LECISLATURES, SOCIETIES, ETC.
dutring the session of the committee of the whole,
the House ought to resiume its own sittings.
152. The committee of the whole cannot punisli breaches of order, but mlust report thern to
the House.
153. The presiding officer should remain in
the committee while it is in session, so that lihe
mnay be able to resume the Chair at any time and
receive the report.
154. The parliamentary rule, that committees
shall consider no subjects that they are not specially ordered to consider, applies to the committee of the whole, as well as to special, select,
or standing committees.
155. The amendments agreed upon in cominittee of the whole are first in order in the assembly. They may be considered as adopted by
it, unless a vote is called for, - the matter being
fuilly stated and understood.
6
81  
INDEX.
SECTION
Adhere, if both houses vote to, th3 bill fails..........141
Adjourn, privileged motion.......................... 35
llwhy.....................................41, 51
Adjournment, motion for, reason why always in or            der..................................41, 51
cannot be amended, because...................... 51
may be renewed after failure, and transaction of
other l)business............................ 51
debate is " business" in this sense.................51
Amend, by striking out, motion to....................127
Amendments, a privileged motion...................35
may be divided after previous question is ordered... 85
motion to reconsider votes on, is among privileged
motions, because part of a motion to amnend. 40
this motion cannot be laid on the tible.........48
not to be postponed...........................78
offered after previous question................. 47
reconsideration of, after previous question is or
dered..................................54, 78
to be reduced to writing, when.....................82
cannot be amended beyond the second degree, ex            planation.................................120
83 
MANUAL OF PRACTICE.
Amendments  - continued.                         SECTION
must be disposed of before one bill is substituted
for another...........................122
reasons..................................1 2 2, 123
words inserted by vote must stanzd, unless......... 123
a part of words cannot bc struck out............. 124
reported by a conmmittee, have precedence over
others, cxcept............................125
come in the order they are moved................ 125
mnotion to strike out and iinseit not divisible, reasons 126
motion to iamend by striking out.................127
of sections, how put...............................128
reinarkls...................................... 129
between the twvo lhouses, rule.................... 134
are attached to the l)ill......................135
agreement and disagreement to............... 136
how treated if the l)rancll recede or insist...... 137
which invade the privileges of tlhe other branch,
how treated..............................137
explanation..............................138-140
"with an amendment"..................... 139
reasons......................................1 3 9
parts of a bill subject to.......................139
become original text of the bill, h(ow...........140
both houses vote to adhere, the bill fails.......141
committee of conference in relation to.........142
agreed upon in committee of the whole, first in
order in the assembly.....................155
"germane," rule in regard to......................121
not " germanie," rule..............................89
obL)ject of rule.................................89
84 
INDEX.
Amendments  - conti2nued.                             SECTION
different questions not to be attiched........... 89
rule should be adopted by both brancihes.......89
instance...................................... 89
rule of Massaclhusetts House of Representatives
in regard to.............................. 89
Appeal, to be seconded..............................   8
form  of.......................................... 9
most questions can be decided wiitlont.............  9
shoulld inot l)be taken on trifling questions...............   9
presiding officer may debate, in preference to mem             bers...................................... 9
right of presiding officer to vote on................    9
no second to be taken, until first is disposed of...... 9
debate on questions of order arising after previous
question is ordered....................... 60
rulings sublject to, except, &e...................... 8, 9
must be decided before business proceeds.......... 8
Assembly, rights and privileges of....................62
must take notice of a privilege.....................   64
cannot instruct a committee contrary to rule or prin             ciple.................................  106
Bills, &c., in possession of assembly.................. 56
ordered to be considered by sections................  128
right to have them read...........................130
rejected, not to be again introduced...............118
reasons.......................................118
titles of, should state the subject matter............131
a separate question...........................132
to be written legibly............................113
85 
MANUAL OF PRACTICE.
Bills, &  e. -contizued.          SECTION
how int roduced and referred......................114:
reason........................................114
first reading of....................................115
how affected by opposition to first rea'(ling.......... 16
to b)e read three several days......................117
See Proposition.
Blanks, howv filled................................... 30
Business, priority of, (Iquestions relating to, to )be de           cided without del)ate...9.................94
reasons......................................94
Chair.  See Presidingy Ofcer.
Chairman.  See Presidiig O0cer.
Chairmen  of Committees, may be invested withl
privileges................................ 63
reasons....................................... 63
Change of Votes in no case to be allowed after result
is announced; reason..................... 29
Commit, motion to, is  " cut off" when previous ques           tion is ordered............................59
Commitment, a privileged motion....................35
why put before mnotion to adjourn................. 44
with instructions, not divisible....................45
may be amended............4..................45
this motion cannot be laid upon the table.......... 48
Committee of the Whole, who shall preside.......23
rules of proceedings in............................149
previous question not in order in..................150
how affected by a message........................151
cannot punish breaches of order...................152
86 
INDEX.
Committee of the Whole -conztinud.                 SECTION
presiding officer should remiain in while in session,
why......................................153
shall consider no subjects that they are not ordered
to.......................................1 54
amendments agreed upon in, first in order in the
assembly.................................15,5
Committees, the assenlmbly's right to appoint..........22
customary (I-)y rule) for presiding officer to aippoint.. 22
should report on each branch of a petition......... 97
member prohibited from serving on, where private
right is concerned........................87
should report some substantial proposition..........107
discharges itself when it reports....................107
cannot report unless a rnmajority agrees.............108
minority must get formal leave to report...........109
cannot sit during session.......................110
two may call a meeting...........................i110
have no power to exclude members of assenl)ly....111
chairman, how appointed........................ 112
bills and resolves to be written legibly lby..........113
recommitment to, prevented, how..................116
chairman of, may be invested with privileges.......63
limitation of powers of............................99
reasons...........................99-102, 104
bringing matters to attention of, by special order... 100
cannot he changed by suspension of rule, how.....102
Committees of Conference, how composed, and re              port how made...........................143
reports must be agreed to by a majority of the
two lbranches of, why................... 144
87 
MANUAL 0OF PRACTICE.
Committees of Conference - co2ti?ued.         SECTION
each must represent its own l)ranch...............    144
theory of....................................144
ought to be sli)ject to instructions, why............ 145
duties of....................................146
report of, must }'e accepted in whole, why..........147
after appointed, neither branch can recede, reasons,
except...................................148
Comntmittees of Investigation.....................88
member who requires the investigation need not l)e
put on..................................  88
Conference Committees.  See Committees of Conz           fereazee.
Consent, general, what it is, &c...................... 19
Constitution, motions in violation of, not to be put...  13
Co-ordinate Branich, amendments from, are attached
to, and not incorporated into a bill........135
Debate, of claims of candidates, pending a ballot, not
regular........................................ 3
not in order after a division is called for..........19
to be suspended until previous question is decided.. 53
closing of, as a privilege...........................63
Decorum of Members.............................66
Divisibility of Questions.......................8 3, 84
to be decided without appeal.......................  84
by motion to amend..............................84
amendment may be divided after previous question
is ordered.............................85
motion to commit with instructions not divisible.... 86
Division of the Assembly......................17-19
88 
INDEX.
SECTION
Equivalent Questions or Motions, decision of one
concludes the other.......................61
Excusing a Member from Voting................ 81
Executive Messages, how referred................... 101
First Reading of a Bill..................... 115, 116
Floor, cannot be taken from a mnember to ascertain tlhe
fact of a quorum........................ 7
or for a motion to adjourn......................... 12
cqual righlt of memberl)cs to.........................62
meciil)er hlaving, to be asked if ho yields it..........67
righlt to, liow lost................................. 67
"Forthwith Considered," does not imply that the
question must be at onlce determnined....... 76
Indefinite postponement, last of privileged motions 46
Interruption, not to be miade, except................67
reasons........................................... 67
Irrelevant poilnts, right of a debater ti discuss.... -.. 66
Journal of the Assembly, ought to be read each day 15
reading of, may be dispensed with.................15
correction o  f.................................. 15
when miay be exanined........................... 15
what it should contain.........................15
Legal Bodies, how organized....................... 1
"Majority, Member of," a member of prevailing party 74
explanation......................................74
89
I:.~             ~ ~  -e
*.. ~          i:iJ   
1MANUAL OF PRACTICE.
SE,CTION
Member of Assembly, may have it recorded how he
would have voted......................29
must address thle chair, &C.........................66
mIust not speak out of place.......................66
not to be interrupted, except......................67
reasons......................................67
to be excused from voting, when and why.........81
question to be decided without del)ate.........81
not permitted to vote or serve on committee, when. 87
"Mlelember of the Majority," a mlember of prevailing
-  party....................................74
expla nation.......................................74
Members, have an equal right to the floo   r............62
not to speak more than once......................62
having charge of bills, may bc invested withl privi            leges.....................................63
Miemorial, defined............................... 95
Monitor, duty of, to report b)reachels of order.........63
Motion, to be perfected befoic voted on..............31
limit to this......................................31
inl possession of the assembly, when nmay be wvith            drawn................................. 32, 33
limitation.............................. 32, 33
may be withdrawn after previous question is or            dered, provided.......................... 56
to suspend a rule, whlich affects thlle business pend            ing...................................... 91
what it should state.........................92
to strike out and insert, indivisible................ 83
to commit with instructions, nlot divisible, how....86
9O
I...
.-: *. r.1 
INDEX.
Mlotion - coati)iited.                                SECTION
to be reduced to writing, when.................... 82
3Iotions, order of putting.........................30, 31
how, if one be privileged or previous..........    31
cxplaiai,tion..................................31
exempted from reconsideration, why..............       73
c(livalent, decision of one concludes the other..... 61
"Necessity of the Case"..........................26
Nonilnation may be dlebated, but discussion of; &c.,
pending a ballot, not regular..............  3
Order, breaches of...................................68
satisfaction to bc made for..................... 68
to be reported to assembly.................... 68
member not subject to censure for, unless......69
explanation................................. 70
questions of..................................... 8
if decided against a member, lie cannot proceed 12
must be put, except........................... 12
stot put if it violates the constitution........... 12
to be noted on the journal, except, &c.......... 15
arisiug after motion for previous question, to be
decided without debate.................60
must be decided..............................67
of ilquiry, duty of mover to point out clearly the
amendment, &c., to accompany motion....103
Orders.  See Rules.
Organization of Legislatures, how made.......... 1
of other legal l)odics.............................. 1
recording officer necessary........................ 1
91 
MANUAL OF PRACTICE.
SECTION
Papers, in the hands of another branch, to be sent for 80
right to have read.................................130
See Person,s and Papers.
Parliamentary Princip3le, questions of, difference of
opinion in, lhow decided............... 93, 102
Passage of a Bill, question of, cLanlnot be divided...  85
Personal Explanation............................65
Persons and Papers, orders giving authority for,
must particularize the case, &c.............105
Petition, must ask for something....................95
right of, subject to rules of common sense.......... 96
not entitled to be received, unless..................96
should be examined by membecr who presents it....96
should ask for ogle thing, why.....................97
if two or more branches of, how reported on....... 97
if does not fulfil conditions, how treated............98
Postpone, motion to, is "cut off" when previous ques            tion is ordered............................59
Postponement, a privileged motion.................35
Powvers of Committees, limitation of.............99
explanaLtion............................... 99-102, 104
Preambles. See Titles of Bills.
Precedence of Motions...........................34
order of, and reasons........................... 34-47
Presiding Officer, how chosen...................... 2
second person's name is not an amendment.....2
duties and powers of............................. 7, 8
to call to order................................ 7
may not adjourn a meeting, unless a quorum is
despaired of, although, &c................. 7
92 
IINDEX.
lPresiding Officer - continued.           SE CTION
the scrvant of the assembly.................... S
right of, to vote on appeal..................... 9
must put all orderly questions................. 12
to declare and determine votes................. 17
his mode of putting questions................. 23
may read sitting..............................  2:)
right of, to vote, if also a member............. 21
when he cannot vote, in a ballot.............. 21
names chairmnan of committee of the whole.....23
to mention member cntitlcd to floor........... 62
meml)ers must address 6.........................66
is to rebuke l)reachles of order....................70
can direct motions to be reduced to writing....... S 81
to decide divisions of questions................. 83, 84
may call a member to order.......................69
should call attention to irregularities in reports from
committees..........................102
to remain in a. committee of the whole, why........153
Previous Qiuestion, a privileged motion............    35
cuts off certain motions...........................46
form of..........................................53
debate suspended until it is decided................53
effect of ailirmative vote on..................... 54
motion to " lay upon table "to be put belore.......54
motion to reconsider a vote on adoption or rejection
of an amendment to be put after it is ordered 54
applies only to question under consideration........5.
must be moved again for another question.......... oo
no way of avoiding immediate vote after, except..... 56
motion maiy be' withdrawn after.................... 56
93 
MANUAL OF' PRACTICE.
Previous Question  -continuaed.                SECTION
withdrawal does not apply to "bl)ill "................. 56
effet of eygative decision....................... 57
custom of M1assachusetts Ihousc of Representatives
in regard to..............................57
if asseml)ly:d(joiirns atfter, proceedings to be re           sumed 4it same point.................... 58
motions to commit and postpone arc "cut off" when
it i, ordered...........................59
questions of order arising after, to be decided with            out debate............................ 60
cannot cut off the reconsideration of an amendment,
why......................................79
amendment may be divided, after.................85
not in order in committee of the whole, reason......150
Principal Question, reconsideration of.............   75
Priority of Business, questions relating to, to be de            cided without debate......................94
explanation...................................... 94
Private Right, not a claim to be put on a committee.. 87
Privilege, granted to members.......................63
of a member is the privilege of the assembly....... 64
cannot be waived................................. 64
Privileged Motions............................... 34
order of, and reasons........................... 34-47
by general consent................................36
Privileged Questions, not questions of privilege.... 65
explanation.......................................65
Proceedings in Committees..................108-113
Proposition, must not be embarrassed by other sub           jects.....................................89
94 
INDEX.
Proposition - continued.                     SECTION
to be perfected before a vote is taken...............122
reasons...................................... 122, 123
Questions, equivalent, decision of one concludes the
other.....................................61
when not subject to recommitment.................76
not to be twice reconsidered, why................. 77
of parliamentary principle, not subject to " suspen            sion"....................................93
difference of opinion on, how decided..............93
order of putting................................ 30, 31
how, if one be privileged, or previous.............. 31
explanation......................................31
Q(Iuestions of Order.  See Order.
Quorum, what it is............................... 4, 5, 6
its powers, and limitation of.......................  4
a vote without is void, except in certain cases....... 4
absence of, may be made a point of order, l)ut, &c..  7
not necessary to be ascertained by actual count in
all cases.................................. 7
Recede or Insist, motions to, on amendments between
the two houses......................137, 138
motion to recede has precedence...................138
Recommitment to Committee, prevented by oppo            sition to bill at first reading...............116
Reconsideration, limitation of right to withdraw mo            tion for..................................32
of an amendment, after previous question is ordered 54
of a priicipa1 question............................ 75
95 
MANUAL OF PRACTICE.
PReconsideration -  conti)ttued.                  SECTION
of amendments, caln bl)c moved after previous ques            tion is ordered, wvly....................79
rule.............................................. 72
explanation................................74-79
to be nlade on tile samie or succeeding day.........72
ino qiiestioln to be twice reconsidered, provided.....72
reasonis for exempl)ting certain motions from....... 73
may be put if paper is in the hlands of the othler
branchl, but........................... 80
Recording Officer, choice of, to be declared and Ic            quiesced in............................... 1
notice to be given of new election of............... 1
his duties........................................ 14
is an independent officer in certain cases........... 1 
not subject to presiding officer, but to assembly.... 1Remonstrance, defined............................. 9
Resolves. See Bills.
Reports, friomI  depairtments, &c., to be referred to
proper committees........................104
reference does not entitle conmmittee to report there            on.................................. 104
Right of Petition.......................96
Roll-call.  See Yeas and Nays.
Rules and Orders, not to be suspended, unless......91
alterationis in, should be reported on..        91
[For general remarks on the relation of PIules to
Principles, see Preface.]
Speaker, speaks for the assembly.  See Presiding Offi            cer.
96 
INDEX.
SECTION
Special Order of Business, may be called for, &e..133
Special Rules, not suspended without unanimous con            sent.................................... 91
"Strike Out and Insert," luotiotas to, not divisible.126
reasons...........................................126
Subp'enas. Soe [Vrits.
Substituting one bill for -another, amendments to be
first disposed of.........................122
rIeasoIis......................................122, 123
.Siins atid Times, lhow nImedl......................33
Suispension of Rules, rule.........................91
reasoIns........................................91. 92
Table, to lay on, a privileged motio..............35, 41
to talke from sa'me, why........................41, 51
to lbe put )belore the previous question..............54
Table, and Presiding Officer's Table, not the same. 49
Tellers of Votes................................... 17
Titles of Bills, soulioid state the sul)ject matter........ 131
a separate question............................... 132
Unfinished Business, to have preference after, &c... 90
Voluntary Bodies, how organized..................  1
Votes, mode of dletermining, by division of, and by
tellers................................. 17, 18
of societies, &c., are not petitions l)eyond the names
attached................................. 96
Voting, member to be excused from, when and why.... 81
97 
MANUAL OF PRACTICE.
Voting- coiztiaized.                         SeCTION
to l)e decided witlout deb)ate.................. 81
melmber prohbibited froml, wvIhen..................... 87
Words, inserted andl struckl outt.................. 123, 124
Writs, Subpenas, &C.,,lloulcl give substance of order
of authority......................105
Yeas and Nays..................................24-29
to be cntercd on the j,)urnlal....................... 15
to be talken on call of one fif..................... 24
this not a "motion " in a certain sense............26
to be decided without debate......................24
members not inside the bar not to vote............24
oc the yeas and nays cannot bc taken..............26
reasons for................................... 25
how reconsidered or abandoned................2 7, 28
delil)cration attained by........................79
not to be called in commlittee of the whole, reason..150
98 
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