=== Page v ============================================================= PREFACE While engaged in writing the "Rules of Order Revised," the author was strongly impressed with the impracticability of making a book which would fill the needs of societies and deliberative assemblies for rules of order, and which at the same time would be readable and adapted to the needs of those unfamiliar with parliamentary law. This is especially true of the motions. In "Rules of Order" the first paragraph on each motion shows under what circumstances the motion can be made, what motions can be made while it is pending, to what motions it can be applied, what motions can be applied to it, and whether it can be debated, amended, or reconsidered. These points are needed for quick ref- erence in a meeting, but are very dull reading, especially to one unfamiliar with parliamentary law. The fact that it was neces- sary to compress the rules of order into a pocket manual required all the brevity consistent with accuracy of statement, and thus prevented illustrations that would have made the matter much more easily understood. Instead of compromising and combining the two objects in one book, the author decided to make the "Rules of Order Revised" as perfectly adapted to the needs of societies, conventions, boards, city councils, etc., as he was capable of doing in so small a manual, and then to write another book to meet the wants of those desirous of becoming thoroughly familiar with parliamentary law. The two books are in complete harmony: one is adapted to the needs of societies as their rules of order, and therefore is condensed and easy of reference; the other is not suited for such a purpose, but since it abounds in illustrations, can be read without difficulty by one ignorant of parliamentary law. The author has not hesitated to repeat statements in different articles when such a course would make the article more easily understood. Examples are given where required. Motions have been grouped where it has seemed important to compare them and to show under what circumstances each should be used. Thus, the === Page vi ============================================================ half dozen motions used for bringing a question before the assem- bly a second time are grouped and compared, showing the circum- stances under which each should be used, and afterward each one is taken up separately and fully explained. [See p. 79.] So much trouble has resulted from ignorance of the manner of conducting elections, which is scarcely touched in "Rules of Order Revised," that it has seemed best to devote to it much space. The subject of Discipline is fully explained, and Model By-Laws are given for the guidance of societies when organizing or when revis- ing their by-laws. Out of many years' Parliamentary Law corre- spondence of the author, there have been selected several hundred Questions and Answers that will be helpful to others besides those who have made the inquiries. They are classified and separately indexed in order to make it easier to find decisions. They form a unique part of the book. When this large work was nearly completed, it seemed advis- able to take out the elementary part and to publish it separately. Accordingly a set of twenty elementary lessons, including seven drills, was prepared with a view to meeting the needs of the novice. To this some useful reference matter was added, and the book has been published under the name of "Parliamentary Practice: An Introduction to Parliamentary Law." It gives the author pleasure to acknowledge his indebtedness to Mrs. William Anderson for her suggestions, criticisms, and gen- eral assistance in the preparation of this work, which have added materially to its value. Her large experience with women 's organ- izations has enabled her to know the needs in many directions. She selected from the author's correspondence a large number of the Questions and Answers used in Part VII, and prepared the Special Index for this part of the work. That this book may be helpful to those who wish to learn how to carry on the business of societies with the greatest efficiency is the earnest wish of the author. HENRY M. ROBERT. === Page vii =========================================================== GENERAL PLAN PART I MOTIONS PART II DEBATE; VOTING; NOMINATIONS AND ELECTIONS PART III BOARDS AND COMMITTEES PART IV OFFICERS PART V MEMBERS; HONORARY OFFICERS AND MEMBERS; RESIGNA- TIONS; DISCIPLINE; QUORUM; SESSIONS AND MEETINGS PART VI BY-LAWS AND OTHER RULES PART VII QUESTIONS AND ANSWERS FROM THE AUTHOR'S PARLIAMEN- TARY LAW CORRESPONDENCE PART VIII CHARTS AND VARIOUS LISTS OF MOTIONS ARRANGED FOR EASY REFERENCE; FORMS; DEFINITIONS INDEX === Page ix ============================================================ CONTENTS PART I. MOTIONS CHAPTER PAGE I. INTRODUCTION ...................................................... 3 II. MOTIONS AND THEIR CLASSIFICATION .................................. 5 III. MAIN MOTIONS: POSTPONE INDEFINITELY ............................... 9 IV. AMENDMENTS ........................................................ 18 V. COMMIT OR REFER ................................................... 43 VI. MOTIONS TO DEFER ACTION ........................................... 55 POSTPONE TO A CERTAIN TIME ...................................... 67 LAY ON THE TABLE ................................................ 62 VII. MOTIONS AFFECTING THE LIMITS OF DEBATE ............................ 67 PREVIOUS QUESTION ............................................... 70 LIMIT OR EXTEND LIMITS OF DEBATE ................................ 74 VIII. MOTIONS TO BRING A QUESTION AGAIN BEFORE THE ASSEMBLY ............. 79 QUESTIONS TEMPORARILY DISPOSED OF ............................... 80 QUESTIONS FINALLY DISPOSED OF ................................... 82 IX. RECONSIDER ........................................................ 87 RECONSIDER AND ENTER ON THE MINUTES ............................. 101 X. TAKE FROM THE TABLE ............................................... 106 DISCHARGE A COMMITTEE ........................................... 108 RESCIND ......................................................... 110 RENEWAL OF A MOTION ............................................. 113 XI. MOTIONS RELATING TO ADJOURNED MEETINGS AND TO AD- JOURNMENT ..................................................... 117 FIX THE TIME TO WHICH TO ADJOURN ................................ 118 ADJOURN ......................................................... 120 TAKE A RECESS ................................................... 124 QUESTIONS OF PRIVILEGE .......................................... 126 === Page x ============================================================= XII. MOTIONS RELATING TO THE ORDER OF BUSINESS ......................... 129 CALL FOR THE ORDERS OF THE DAY .................................. 129 ORDER OF BUSINESS ............................................... 130 ORDERS OF THE DAY ............................................... 133 TO TAKE UP A QUESTION OUT OF ITS PROPER ORDER ................... 145 XIII. QUESTIONS OF ORDER ................................................ 147 APPEAL .......................................................... 151 OBJECTION TO CONSIDERATION OF A QUESTION ........................ 154 SUSPENSION OF THE RULES ......................................... 156 XIV. DIVISION OF A QUESTION ............................................ 160 CONSIDERATION BY PARAGRAPH ..................................... 163 MOTIONS RELATING TO NOMINATIONS ................................. 165 DIVISION OF THE ASSEMBLY ........................................ 167 MOTIONS RELATING TO VOTING AND THE POLLS ........................ 169 XV. INQUIRIES AND REQUESTS ............................................ 171 DILATORY AND IMPROPER MOTIONS ................................... 177 PART II. DEBATE; VOTING; NOMINATIONS AND ELECTIONS XVI. DEBATE ............................................................ 183 XVII. VOTING ............................................................ 188 XVIII. ELECTION OF MEMBERS OF SOCIETIES .................................. 197 XIX. NOMINATION AND ELECTION OF OFFICERS, BOARDS AND COM- MITTEES ......................................................... 204 XX. ELECTIONS (Continued): TELLERS, AND COUNTING THE BAL- LOTS ............................................................ 218 XXI. ELECTIONS (Concluded): MISCELLANEOUS ELECTIONS .................... 231 PART III. BOARDS AND COMMITTEES XXII. BOARDS, STANDING COMMITTEES, AND SPECIAL COMMITTEES COMPARED ........................................................ 243 XXIII. BOARDS ............................................................ 247 XXIV. COMMITTEES ........................................................ 254 XXV. REPORTS OF COMMITTEES AND ACTION THEREON .......................... 267 XXVI. COMMITTEE OF THE WHOLE AND ITS SUBSTITUTES ........................ 290 === Page xi ============================================================ PART IV. OFFICERS XXVII. OFFICERS .......................................................... 297 XXVIII. PRESIDENT AND VICE-PRESIDENT ...................................... 302 XXIX. SECRETARIES ....................................................... 313 XXX. TREASURER; AUDITORS; PARLIAMENTARIAN .............................. 320 PART V. MEMBERS; QUORUM; SESSION; ETC. XXXI. MEMBERS; HONORARY OFFICERS AND MEMBERS; RESIGNA- TIONS ........................................................... 329 XXXII. DISCIPLINE ........................................................ 334 XXXIII. QUORUM; SESSIONS AND MEETINGS ..................................... 356 PART VI. BY-LAWS AND OTHER RULES XXXIV. BY-LAWS AND OTHER RULES ........................................... 363 XXXV. AMENDING BY-LAWS AND OTHER RULES .................................. 368 XXXVI. SUGGESTIONS TO COMMITTEES ON BY-LAWS .............................. 375 XXXVII. MODELS OF BY-LAWS AND STANDING RULES .............................. 384 PART VII. QUESTIONS AND ANSWERS FROM THE AUTHOR'S PARLIAMENTARY LAW CORRESPONDENCE SPECIAL INDEX TO QUESTIONS AND ANSWERS ............................ 401 XXXVIII. AMENDMENTS; RECONSIDER AND RESCIND ................................ 407 XXXIX. BY-LAWS AND OTHER RULES AND THEIR AMENDMENT ....................... 423 XL. COMMITTEES AND THEIR REPORTS ...................................... 456 XLI. NOMINATIONS; ELECTIONS ............................................ 465 XLII. OFFICERS AND MINUTES; HONORARY OFFICERS AND MEMBERS ............... 492 XLIII. MISCELLANEOUS QUESTIONS ........................................... 506 PART VIII. MISCELLANEOUS XLIV. CHARTS; VARIOUS LISTS OF MOTIONS .................................. 547 XLV. FORMS ............................................................. 557 XLVI. DEFINITIONS ....................................................... 568 INDEX ............................................................. 577 === Page 1 ============================================================= PART I MOTIONS (SEE CONTENTS, p. IX, FOR THE CONTENTS OF THESE FIFTEEN CHAPTERS ON MOTIONS) === Page 3 ============================================================= PARLIAMENTARY LAW CHAPTER I INTRODUCTION Parliamentary Law comprises the rules and customs govern- ing deliberative assemblies. Its objects are to enable an assembly, with the least possible friction, to deliberate upon questions in which it is interested, and to ascertain and express its deliberate sense or will on these questions. To accomplish these objects, experience has taught that it is necessary to have a presiding officer, a recording officer, and some established rules or customs. The presiding officer is usually known us the Chairman or the President, although in the lower house of legislative bodies he is called the Speaker, and in fraternal and secret societies he has some special title. The duties of the chair- man are, in general, to preside over the meetings and see that the rules are enforced. The recording officer is usually called the Sec- retary or Clerk, though in secret societies various other names are used. The duties of the secretary are, in general, to keep a record, called the Minutes, of the business transacted at the meetings, and to attend to such correspondence as does not naturally devolve upon other officers, or upon committees or boards. If the assem- bly is an organized society, other officers are usually needed, but a chairman and secretary are all the officers that are strictly neces- sary for a deliberative assembly. The rules and customs most commonly adopted by societies in this country are stated in "Rules of Order Revised," and are more fully explained and illustrated in the following pages. The method of organizing and of conducting business in mass meetings, so- cieties, and conventions of delegates is explained in "Rules of Order Revised," pages 275-298. In "Robert's Parliamentary Practice," which is an introduction to this work, are given several === Page 4 ============================================================= drills illustrating in detail the method of conducting business meet- ings. It is assumed that the reader has read "Parliamentary Prac- tice," or the forty-five pages covered by the first two lessons which are outlined on page 308 of "Rules of Order Revised," and there- fore this elementary instruction is not repeated here. Many read- ers will think some of the subjects, notably Reconsider, are treated too elaborately. They must bear in mind that there are others who wish to be prepared to meet just such difficulties. Illustra- tions are freely given in such cases, so as to enable the average reader to understand the subject. If a statement is not under- stood, it is best to read on, and it will generally be found that fur- ther reading makes the meaning clear. It is well to use the In- dex freely. The Special Index to Questions and Answers, page 401, enables the reader to utilize the author's answers to many questions that may arise in his own mind. If a parliamentary term is not understood, its meaning will generally be found under Definitions, page 568. No one is ever strong and forceful when he gets near the limits of his knowledge. A teacher should know far more of a subject than he ever expects to teach. A leader in any deliberative as- sembly should be prepared for every emergency, so that there is no danger of his being tripped up by some expert parliamentarian. While this knowledge greatly increases one's efficiency, it is not wise to make a display of it, or to use it in a way to interfere with carrying out the wishes of the majority of the society. Where there is radical difference of opinion in an organization, one side must yield. The great lesson for democracies to learn is for the majority to give to the minority a full, free opportunity to pre- sent their side of the case, and then for the minority, having failed to win a majority to their views, gracefully to submit and to recog- nize the action as that of the entire organization, and cheerfully to assist in carrying it out, until they can secure its repeal. === Page 5 ============================================================= CHAPTER II MOTIONS AND THEIR CLASSIFICATION Motions. A motion is a proposition that something be done, or that something is the sense, opinion, or wish of the assembly. Business is brought before a deliberative assembly by motions or by communications. In case of a communication, a resignation for instance, before any action can be taken on it, a motion must be made, or the chair must assume one, and the question on the adoption of the motion must be stated by the chair. In order to make a motion, a member rises and addresses the chair by his title, and when he has obtained the floor, he says, "I move," followed by his proposition, as, "I move that we donate $50 to the library"; or, "I move to adopt [or, the adoption of] the following resolu- tion: 'Resolved, That' etc."; or, "I move to adjourn." In the case of resolutions and amendments, "I offer," or "I propose," is sometimes used instead of "I move to adopt," or "I move the adoption of," as, for example, "I offer [or propose] the following resolution [or amendment]," etc.; or, "I propose that the resolu- tion be amended by striking out '50' and inserting '75.'" Motions are divided into Main Motions, or those that introduce a subject to the assembly, and Secondary Motions, or those that can be made while a main motion is pending, and that, for the time being, supersede it. Secondary motions are subdivided into Subsidiary, Privileged, and Incidental Motions. This classifica- tion of motions is only for convenience. The privileged motions might be called main motions, since they each bring before the assembly a new question that has no relation to the pending ques- tion. But their high privilege makes them very distinct from other main motions as to precedence, debate, etc., and it is better to call them privileged motions. Main motions can have all the subsidiary motions applied to them, while no subsidiary, except to amend, can be applied to a privileged motion. All main motions can be debated, while no debate is allowed on any privileged motion, nor on any incidental motion except an appeal under === Page 6 ============================================================= certain circumstances. Privileged and subsidiary motions have a distinct rank among themselves, while incidental motions have not. Main Motions. A main motion is one that introduces a sub- ject to the assembly for its consideration and action. Since only one subject can be considered at a time, no main motion can be made while another motion is before the assembly. All main mo- tions are debatable and amendable. They are fully explained in the next chapter. Subsidiary Motions. Sometimes another motion is necessary or desirable in order to dispose properly of a main motion. Mo- tions that help to dispose of a main motion are called Subsidiary Motions. They may be made when the main motion is pending, and when stated by the chair they supersede the main motion and become the immediately pending question. Subsidiary motions are used when the assembly wishes to change the wording of a main question by means of an amendment, to refer a main ques- tion to a committee for consideration and recommendation, to postpone action on it to another time, to limit or close the de- bate, to extend the limits of debate, or to lay the main question aside temporarily when something of greater urgency may require the attention of the assembly. A subsidiary motion may itself be superseded by another sub- sidiary motion of higher rank, or by a privileged or incidental motion, which for the time being becomes the immediately pend- ing question. Subsidiary motions cannot be applied to one an- other, except that most of them can be amended, and debate can be limited or closed upon the debatable ones. For instance, no subsidiary motion can be laid on the table by itself; if it is laid on the table, all pending questions go to the table with it. On page 548 will be found a chart containing a list of all the subsidiary motions, arranged in the order of their precedence or rank, and showing which of them may be amended, and which debated, and which require a two-thirds vote. Each of the subsidiary mo- tions is taken up separately and fully explained in Chapters IV-VII. Privileged Motions. While a main motion and one or more subsidiaries are pending there must be some method of closing the meeting, taking a recess, and appointing the time for an adjourned meeting. Sometimes, too, a question arises as to the rights and privileges of the assembly, or of an individual member, that re- === Page 7 ============================================================= quires immediate attention, though other questions are pending. And, again, the society may have adopted a program or order of business which is being departed from, and members may wish the order enforced. The motions to accomplish these various ob- jects are called Privileged Motions, because they are of the high- est privilege, being in order while any other motions are pending. The five privileged motions are undebatable because debate is in- compatible with high privilege. After the orders of the day are actually taken up, or a motion is made and stated covering a ques- tion of privilege,(1) the motion that has had the special privilege of consideration at this time is before the assembly for debate and the application of subsidiary motions, the same as any main mo- tion. The motions fixing the time for an adjourned meeting and to take a recess may be amended, but the other privileged motions cannot be amended. A list of the privileged motions, arranged in the order of their rank, will be found in Chart I, page 548. Incidental Motions. During a meeting it is sometimes neces- sary to allow a temporary interruption of the immediate business in order to attend to something relating to the business of the as- sembly. Examples of such interruptions are: a question of order or an appeal from the decision of the chair; an objection to the introduction of a question that is deemed improper for considera- tion by the assembly, at least at that session; a motion to suspend the rules in order that something may be done out of its proper order, or in violation of the rules relating to the transaction of business; a motion to divide a question into two or more questions, to consider the question by paragraphs, to create a blank in a pending motion; a motion relating to nominations, voting, or a quorum; an inquiry on a point of parliamentary law involved in the pending business; a request for information in matters relat- ing to pending business or to other business so urgent as to justify interrupting the pending business; a request for leave to withdraw or modify a motion, to read papers, or to be excused from a duty, as, for instance, service on a committee. These various questions are incidental to questions pending, or that have just been pend- ing, or to those it is desired to introduce, or they relate to other business of the assembly, and are therefore called Incidental Questions. ------------------------------------------------------------------------------- (1) See page 126 for the difference between Questions of Privilege and Privi- leged Questions. === Page 8 ============================================================= Incidental questions, unlike subsidiary and privileged ones, have no rank (order of precedence) among themselves. They take precedence of any motion, however privileged, to which they are incidental. Thus, while the motion to adjourn is pending it is in order to make a motion describing the method of voting; or, after it has been voted viva voce to adjourn and before the assembly has been declared adjourned, it is in order to compel the taking of a rising vote by calling out, "Division, " or, "I doubt the vote." On the other hand, if an incidental motion is made when a main or subsidiary motion is the immediately pending question, any privileged motion is in order while the incidental motion is pend- ing. No debate is allowed on incidental questions, except on an appeal under certain circumstances, as stated on page 152. If de- bate were allowed on them it would greatly interfere with busi- ness. The prohibition of debate does not, however, preclude a few words of explanation. It is the duty of the presiding officer to see that these remarks do not run into debate. A list of the common incidental motions will be found in Chart II, page 549. In addition to the four classes of motions, main, subsidiary, privileged, and incidental, there are two motions, to Take from the Table, and to Reconsider, that cannot be placed satisfac- torily in any of these classes. These motions are used to bring again before the assembly either a question that has been laid aside temporarily to attend to some more urgent business, or else a question upon which action has been taken the same day or the day preceding. These motions are explained, Take from the Table on page 106, and Reconsider on page 87. === Page 9 ============================================================= CHAPTER III MAIN MOTIONS: POSTPONE INDEFINITELY Main Motions ................................................................ 9 Postpone Indefinitely ....................................................... 15 [For detailed contents of this chapter, see "Main Motions" in Index, page 577.] MAIN MOTIONS A main motion brings a subject before the assembly for its consideration and action. Since only one subject can be consid- ered at a time, no main motion can be made when any other motion is pending. For convenience they are divided into Original Main Motions and Incidental Main Motions. The only reason for this division of main motions is that it is in order to object to the con- sideration of an original main motion, while it is not in order to object to the consideration of an incidental main motion. An Original Main Motion brings before the assembly some new subject for its consideration and action. It should be in writing unless very brief, and should usually be in the form of a resolution. An Incidental Main Motion is a main motion that is inciden- tal to or relates to the business of the assembly, or to its past or future action. It is usually made orally, and frequently not in the form of a resolution. The following are examples of inci- dental main motions: To amend or rescind a resolution or rule already adopted; to accept, or adopt, a report which an officer or committee has been directed to make; to discharge a commit- tee; to appoint a time and place for the next meeting, if the motion is made when no business is pending. Characteristics of Main Motions. A main motion, or any amendment thereto, must not be in violation of national or state laws, or in conflict with the constitution, the by-laws, or the standing rules or resolutions of the assembly. If it so conflicts and is adopted, it is null and void. A main motion cannot con- flict with or be substantially the same as a resolution or main motion previously adopted or rejected by the assembly during the same session, thus bringing up a second time the same ques- === Page 10 ============================================================ tion. It cannot cover the same ground as a motion that has been made and has not been finally disposed of, but is in the hands of a committee, or has been postponed, or laid on the table, or will come up as unfinished business, or may be brought before the assembly again by calling up the motion to reconsider which has been made previously. A main motion is not in order that will in any way interfere with freedom of action in the case of one previously introduced and not yet finally disposed of and is thus "in possession of the assembly." A main motion may have applied to it any subsidiary motion, that is, it may be amended, committed, postponed, etc. When a main motion is postponed or laid on the table, all pending sub- sidiary motions go with it. When a main motion is committed, only pending amendments go with it. It takes precedence of nothing, that is, it cannot be made while any other question is pending. It yields to subsidiary, privileged, and incidental mo- tions, that is, any of them may be made while a main motion is pending. It is debatable and requires for its adoption only a ma- jority vote, that is, more than half of the votes cast, a quorum being present, except in the cases mentioned hereafter where the effect of adopting the main motion is to change something the assembly has previously done, or to suspend some rule or some right of the members. As a general rule, when possible, a main motion should be in the affirmative rather than in the negative form. The objection to the negative form is the liability to confusion in the minds of the voters as to the effect of a negative vote on a negative proposi- tion. In many cases, however, the negative form cannot be avoided, because rejecting the affirmative proposition is not al- ways equivalent to adopting the negative proposition. For in- stance, voting down the resolution, "Resolved, That this club is in sympathy with the movement to unite the athletic clubs of the city," is not necessarily the equivalent of adopting the resolution, "Resolved, That this club is not in sympathy with the movement to unite the athletic clubs of the city." Many members may vote against the first resolution because they are opposed to commit- ting the club on the question. On the same ground they would vote against the second proposition, so that perhaps neither could be adopted. If it were desired to put the club on record as not === Page 11 ============================================================ in sympathy with the proposed union, it would be difficult to avoid the negative form of the resolution. When a negative form of motion is offered, the chairman should suggest the proper change if it is capable of being changed into the affirmative form without weakening it. Thus a motion "that we do not approve ___" can usually be changed into a motion "that we disapprove ___," since they are usually equivalent. If the motion cannot be changed from the negative form, or if the mover is unwilling to make the change, the chair, in putting the question to vote, should be very careful to make it clear to the voters what they are voting for. In case of the motion "that we do not approve ___," if the mover declines to modify his mo- tion, the chair in taking the vote could put the question thus: "The question is on the motion 'that we do not approve ___.' As many as are in favor of the motion, that is, as many as do not approve ___, say 'Aye.' Those who are opposed to the mo- tion, that is, those who are opposed to expressing disapproval of ___, say 'No.' The ayes have it and the motion is adopted." EXAMPLES OF MAIN MOTIONS Resolutions, Motions, Orders. A member wishing to have the assembly consider and act on a certain subject should put in writ- ing what he wishes the assembly to do, or to agree to, and then move its adoption. This is a main or principal motion. It should usually be in the form of a resolution, but the word "Resolved" may be dropped and it may be of offered in a simple motion, provided it is very short. The Form of the motion is, "I move to adopt [or I move the adoption of, or I offer] the following resolution: 'Resolved, That the club give a banquet next month,'" or simply, "I move that the club give a banquet next month." In either form it is a main motion. If the motion is of the nature of an order it is better to make the motion thus: "I move the adoption of the following order: 'Ordered, That during the winter months the reading-room be kept open from 7 to 9 P. M.'"; or, "I move the adoption of the following order: 'Ordered, That the janitor hereafter be paid $30 a month.'" Action on Committees' Reports and Recommendations. When a committee reports resolutions or recommendations, a motion should be made by its chairman to adopt or agree to the resolu- === Page 12 ============================================================ tions or recommendations. If the committee reports facts or opin- ions no motion is necessary, but if it is desired specially to en- dorse the report the proper motion to make is to accept the report. All these motions are main motions. If a resolution is referred to a committee and the committee reports it back, recommending its adoption or rejection, no motion is made. The chair states the question on the motion which had been made previously and referred to the committee, thus: "The question is on the adop- tion of the resolution, etc."; or, "The question is on the adoption of the resolution, the recommendation of the committee to the con- trary notwithstanding." [See page 267 for fuller information.] Action on Communications, Resignations. If the communica- tion is a resignation the proper motion is to accept the resigna- tion. Other communications should in most cases be referred to a committee for consideration and recommendation of suitable action to be taken. In either case the motion providing for suitable ac- tion is a main motion. Approving Minutes. When the minutes are read, without wait- ing for a motion the chair asks, "Are there any corrections to the minutes?" If there are none he instantly adds, "There being none, the minutes stand approved." The motion to approve (or adopt) is a main motion and is usually adopted, as in this case, by "general consent." If objection is made the chair puts the question to vote without a motion, or some one may make a mo- tion to approve or adopt the minutes. Ratify, Approve, Confirm. Sometimes action is taken by a na- tional or state society subject to ratification or approval by its con- stituent organizations. In such cases it is moved in the national or state society to adopt the resolution, or by-law, or amendment, while in the constituent organizations the motion is to ratify the action of the other society. On the other hand, exactly the re- verse of this may occur, where a subordinate society, local or state, adopts by-laws or elects officers subject to ratification or confir- mation by the parent body. Sometimes, when there is no quorum present, business of an ur- gent nature is transacted that certainly will be approved by the society. In such a case, at the next meeting a member states the facts, and, permission being granted, the minutes of that meet- ing are read, and he then moves, "That the action taken at the in- formal meeting held on ___ day of ___ be ratified, and that the === Page 13 ============================================================ minutes be approved as read and be entered on the records." Or, a member may simply report the action taken and move (or some one else may move) that it be ratified. As an illustration of the use of the motion to ratify take the following: A meeting at which the delegates to the state convention are to be elected occurs on such a stormy night that no quorum is present. Since the next meeting will be too late for the election, the delegates are chosen at this meeting, and at the next meeting the fact is reported and the society legalizes the election by ratifying it. Sometimes officers or a committee find it expedient, or even neces- sary, to exceed their authority, trusting to the society to ratify, and thus legalize, their act. The motion to ratify, or its equiva- lent, to approve, or to confirm, is a main motion. Rescind, Repeal, Annul. If the assembly wishes to revoke some action that it has previously taken, it may rescind that action. The motion to rescind is a main motion, and may be adopted by a majority vote if previous notice has been given. But, unlike or- dinary main motions, it requires for its adoption a two-thirds vote or a vote of a majority of the entire membership, when previous notice has not been given, because it changes something which the assembly has previously adopted, as explained under Rescind, page 110. On account of the restrictions upon this motion, it is usually better, when practicable, to move to reconsider a vote rather than to rescind it, since a reconsideration requires only a majority vote. The motion to rescind is really one form of the motion to amend something previously adopted, and is subject to all the restrictions adopted for amendments. Thus, nothing can be re- scinded in constitutions, by-laws, etc., unless all the rules applying to their amending are complied with. Sometimes repeal or annul is used as the equivalent of rescind. Discharge a Committee. Similar to the motion to rescind, and under nearly the same rules, is the motion to discharge a commit- tee when made before the committee has reported. After it has reported in full, it is automatically discharged from the considera- tion of the question without any motion or vote. This motion is explained on page 108. The motions to postpone indefinitely, to amend, to commit or refer, to postpone definitely, and to limit debate are generally used to assist in disposing of a main motion that is pending, and are therefore subsidiary motions. But sometimes motions in the === Page 14 ============================================================ form of these subsidiary motions are used when there is no main motion pending, and in such cases they are main motions, because they are the original motions that bring the questions formally before the assembly. When these motions are referred to, the sub- sidiary motions are meant unless it is expressly stated to the con- trary. Postpone Indefinitely. Suppose it is voted to have an excur- sion on May 2, and at the next meeting it is moved to postpone the excursion indefinitely. This latter is a main motion, but as it practically rescinds action taken by the society, it requires for its adoption the same vote as just described for rescind. Amend. A motion to amend the constitution, by-laws, rules of order, standing rules, or resolutions, that have been previously adopted and are therefore not pending, is a main motion that may have amendments of the first and the second degree applied to it, or it may be committed, or postponed, etc., the same as any other main motion. Whatever is done to it, unless it is adopted, does not affect the by-laws, standing rules or resolutions, because they are not pending. Standing rules, or resolutions, previously adopted, may be amended by the same vote as required for rescinding ac- tion previously taken, as before stated, page 13. Commit. If the motion to refer a certain subject to a commit- tee or to appoint a committee for a certain purpose is made when no main motion is pending, then the motion to commit or appoint the committee is a main motion. Thus the following, made when nothing is pending, is a main motion: "I move that the subject of the advisability of erecting a suitable building for our society be referred to a committee of seven to be appointed by the chair, with instructions to report as soon as practicable." Postpone. Suppose the society has voted to have a banquet on July 4, and at a subsequent meeting members wish to postpone the banquet to July 15. Since it is too late to reconsider the vote, it is moved "to postpone the banquet to July 15." This is a main motion, differing materially from the ordinary subsidiary motion to postpone, which means always to postpone the consideration of the main question. There is no main motion pending when this motion to postpone is made, and therefore the motion cannot be a subsidiary one. It is a main motion, which has the effect, if adopted, of changing something the assembly has ordered to be done, like the motion to rescind previously described, and re- === Page 15 ============================================================ quires the same vote as that motion, namely, a two-thirds vote or a of the majority of the membership, unless previous notice of the motion has been given, in which case it may be adopted by a majority vote. Limit Debate. While no question is pending it may be desired to limit the members during the remainder of the meeting to one speech of three or five minutes on each question. Such a motion is a main motion and therefore is open to debate. It requires a two-thirds vote for its adoption, however, because it deprives the members of a right given them by the rules. The three motions relating to a Recess, to Adjournment, and to Fixing the Time for an Adjourned Meeting are not always priv- ileged, but are sometimes main motions. The motions to take a recess, and to fix the time to which to adjourn, are main motions if made when no other motion is pending, that is, if made when a main motion is in order. The motion to adjourn is a main mo- tion in a meeting of an assembly that has made no provision for holding another meeting. In such a case, if the motion to adjourn is adopted the assembly would be dissolved. In an organized so- ciety, provision is always made for future meetings, so the motion to adjourn in such a society is always a privileged motion. If it is qualified in any way, as, "to adjourn at 12 M.," or, "to ad- journ to meet at 2 P. M. to-morrow," it is a main motion. The motion "to fix the time at which to adjourn" is always a main motion, and should not be confounded with the motion "to fix the time to which to adjourn," which is always privileged if made when another motion is pending. Questions of Privilege are privileged to the extent of having the right to interrupt other business, but when under considera- tion they are main motions and are treated as such in every re- spect. Orders of the Day also, whether special orders or general or- ders, when under consideration are main motions, their only privi- lege being the right to consideration at that particular time. POSTPONE INDEFINITELY This is a motion to reject the main motion, and it cannot be moved if anything is pending except a main motion. It is useful when the opponents of a measure are in doubt as to whether they control a majority vote. If they are in doubt, by using this === Page 16 ============================================================ motion they can ascertain their strength without risking the adop- tion of the main motion. If they find themselves in the minority and the motion to postpone indefinitely is lost, the main motion is still pending, and they are free to continue the struggle against it. If they had tested their strength directly on the main motion and had lost, the main motion would have been adopted. If the opponents of a main motion are confident of a majority, they have nothing to gain by using the motion to postpone in- definitely. On the contrary, they lose time because of the extra debate allowed. If they control a two-thirds vote they can stop the debate by ordering the previous question, but they can do that just as effectually without using the motion to postpone in- definitely. In ordinary societies this motion is rarely of any use. Sometimes, however, it is used to kill a measure, with the idea that it is not so harsh as voting directly against the main motion. For instance, a large majority may be opposed to a motion to make A an honorary member of the club, and are willing to vote to postpone the motion indefinitely, and yet would hesitate to vote directly against the main motion. This motion is not only debatable, but opens to debate the en- tire merits of the main question, because they are necessarily in- volved in a discussion as to whether the main motion should be postponed indefinitely, that is, killed. Since the question on the indefinite postponement is technically different from that on adopt- ing the main motion, members who have previously exhausted their right of debate, now have another opportunity to debate the main motion. This motion cannot be amended or have any other subsidiary motion applied to it alone, except the previous question and the motions to limit or to extend the limits of debate, which are ap- plicable to all debatable motions. While the motion to postpone indefinitely is immediately pending, however, it is in order to amend the main motion or to make any of the other subsidiary motions. The various privileged and incidental motions are also in order while this motion is immediately pending. It is the lowest in rank of all motions except a main motion. If a resolu- tion is referred to a committee while a motion to postpone in- definitely is pending, this latter motion is ignored and does not go to the committee. If the motion to postpone indefinitely is adopted, the vote === Page 17 ============================================================ may be reconsidered. If it is lost the vote cannot be reconsidered or renewed, because there will be another opportunity to kill the resolution when the vote is taken on its adoption. If a motion to postpone to a certain time is made, and the time is placed so that the effect is to defeat the object of the main motion the same as if an indefinite postponement were moved, it should be treated as if it were the motion to postpone indefinitely. If anything except the main motion is pending, this motion to postpone is out of order. If nothing but the main motion is pending, the mo- tion to postpone is stated and treated as the motion to postpone indefinitely. As an example, suppose there is pending a main mo- tion to accept an invitation to take part in a parade to-morrow. While an amendment to this motion is pending, it is moved to postpone the question to the next regular meeting a week hence. The chair should rule this motion out of order, because it is prac- tically the motion to postpone indefinitely, which is lower in rank than the amendment that is pending. If, however, the motion to postpone to the next meeting is not made until after the amend- ment is disposed of, the chair should state the question thus, "The question is on the motion to postpone the pending question indefinitely." The name of this motion, like that of the previous question, is misleading. It is not a motion to postpone, but to reject or kill the main motion. When the word postpone is used without quali- fication, it never refers to this motion, but to the motion to post- pone to a certain time. === Page 18 ============================================================ CHAPTER IV AMENDMENTS [For detailed contents of this chapter see Amendments in Index.] When a subject is brought by a main motion before an as- sembly for its consideration, it may be desired to change the word- ing of the main motion before taking final action upon it. The changes desired may simply make the language clearer, or they may slightly affect the meaning, or they may so completely change the meaning as to defeat the object of the original motion, but, as hereafter explained, they must be germane to the original mat- ter. These changes are called amendments, and may be made by inserting or adding words, or by striking out words, or by striking out some words and inserting others. This last form is a com- bination of the two other forms of amendments. Any alteration of the wording of a motion is an amendment of that motion. Instead of altering a few words in a main motion, it may be de- sired to add or insert one or more entire paragraphs, or to strike out one or more paragraphs, or to strike out one or more para- graphs and insert one or more other paragraphs in their place. The paragraph may consist of a single sentence or it may be the entire resolution. These motions are all amendments, the last one usually being called a substitute. A substitute may replace the entire resolution by a new one on the same subject. Primary and Secondary Amendments, or Amendments of the First Degree and of the Second Degree. If, while an amendment of any motion except an amendment is pending, a member wishes to have it modified before the vote is taken on its adoption, the proper course is to move to amend the amendment. The original amendment is called a primary amendment, or an amendment of the first degree; the amendment of the amendment is called a secondary amendment, or an amendment of the second degree. An amendment of the first degree can be amended, but one of the sec- ond degree cannot. No two amendments of the same question of === Page 19 ============================================================ the same degree can be pending at the same time. But after a pri- mary amendment has been disposed of another primary amend- ment may be moved, and after its disposal a third may be moved, and so on without limitation. The same is true with respect to secondary amendments. An amendment of the third degree is not allowed. It is neces- sary to stop somewhere, and this point has been found to be the best. When a member wishes to move an amendment of a pend- ing amendment of the second degree, his proper course is to speak against the immediately pending amendment and announce the one he will offer if the pending one is rejected. If it is rejected the chair should immediately recognize him for the purpose of mov- ing his amendment. Amendments must be germane to the subject matter to be amended, that is, they must relate to the same subject. No new subject can be introduced in the guise of an amendment. So, a secondary amendment must be germane to the primary amend- ment which it is proposed to amend. As a general rule, an amend- ment is germane to a resolution when the two are so closely re- lated that the adoption, or rejection, or temporary disposal(1) of the resolution would prevent the introduction, at the same ses- sion, of the essential idea of the amendment in the form of an in- dependent resolution. But an amendment may be germane to a resolution when they are not so intimately related. The following illustrations will be of assistance in deciding when an amendment is germane to the main motion: (a) A motion is pending to confer a certain honor on Mr. Brown, and it is then moved to amend by inserting "and Mr. Jones" after "Brown." This amendment is out of order if the main motion is strictly a personal one intended to compliment Mr. Brown for some act in which Mr. Jones had no share. If no one else shared in the act no amendment is germane that does not bear on the question of honoring Mr. Brown. So, while an amend- ment would be germane that increased or diminished, or in any way changed, the honor conferred on Mr. Brown, an amendment to insert "and Mr. Jones," or one to strike out "Brown" and insert "Jones," would not be germane and therefore would be out of order. (b) If, however, in the above-mentioned case, Brown and Jones -------------------------------------------------------------------------------- *1* See Temporary Disposal, page 80. === Page 20 ============================================================ conjointly had done the worthy act for which this honor was to be conferred on Mr. Brown, then the amendment inserting "and Mr. Jones" would be germane; but another amendment inserting "and Mr. Smith," who had not participated in the act thus hon- ored, would not be germane. (c) Suppose a resolution of thanks to the railroads for their courtesy, etc., is offered, and a substitute is moved which con- demns the railroads for their discourtesy. The substitute is ger- mane to the resolution, and therefore is in order, because the fun- damental idea in the resolution is the attitude of the assembly toward the railroads for their conduct, and a feeling of resent- ment is germane to a feeling of appreciation. If the resolution relates to a single railroad, it is not in order to amend so as to in- clude other railroads, unless the acts upon which the judgment of the assembly is being passed are practically identical in all the cases. If, however, the original resolution includes two railroads where the acts are not the same, the fundamental idea of the reso- lution is one of approving or condemning the railroads, and they can all be grouped and considered together just as well as sep- arately, and therefore an amendment inserting other railroads is germane and in order. (d) Suppose a motion is pending to give $500 to an orphan asylum, and it is proposed to amend so as to have a foundling asylum share in the gift. Whether this amendment is germane or not depends upon the circumstances of the case. If the society is in the habit of making gifts annually to different charitable or- ganizations, and at this time has only $500 available for all its gifts, the amendment is certainly germane, because in this case the underlying fact in the resolution is the appropriation of all the benevolent funds of the society; if it is adopted it cuts off all other appropriations of the kind, and therefore an amendment divert- ing a part or all of the appropriation to other objects is germane to the resolution. But if the resolution appropriates only a small portion of the funds to the orphan asylum, so that it does not pre- vent aiding other societies also, then this resolution does not neces- sarily involve the other societies, and the two appropriations can be considered as well separately, and the above-mentioned amend- ment would not be germane, and therefore it would be out of or- der. An amendment changing the amount of the appropriation is, of course, germane. === Page 21 ============================================================ In the examples given above it is not difficult to decide whether the amendments are germane or not, but cases occur in which the most experienced presiding officers would differ in their decisions. Suppose the following resolution is pending: "Resolved, That the immigration of Hindus should be prohibited," and it is proposed to amend by inserting in the resolution the name of another race: Would such an amendment be germane? One presiding officer might hold the view that the underlying idea of the resolution is the preventing of the country's being flooded with foreigners, and that naming one of the largest nations in the world did not necessarily limit the scope of the resolution to that nation if the assembly preferred to act upon others in connection with it: he would therefore rule the amendment in order, leaving it to the assembly to decide whether it would, or would not, insert the name of the other race. Another presiding officer would decide that the resolution was aimed at a particular race, and that an amendment to include another race was not germane, and was therefore out of order. Suppose, again, that in the case of a resolution conferring a certain honor on Mr. Brown it is moved to amend by inserting "and Mr. Jones" after "Brown," and that, while Mr. Jones has not participated in the act for which it is proposed to honor Mr. Brown, he has performed other worthy acts which entitle him to be honored equally with Mr. Brown. The votes of many mem- bers on conferring the honor on Mr. Brown might depend upon whether Mr. Jones was equally honored. There is room for an honest difference of opinion as to whether it is to the interest of the assembly to treat the two cases together or separately, and pre- siding officers would differ in their decisions. When such questions arise the presiding officer usually has little time for thinking. He must decide promptly according to his best judgment, and not be sensitive if his decision is over- ruled by the assembly. He must recognize the right of others to have their opinions, just as he demands the right to his own. The wise presiding officer, however, will never rule an amendment out of order as not germane unless he is absolutely sure that he is right. If there is doubt in his mind, he will either admit the amendment, or, in very important cases, throw upon the assembly the responsibility of deciding whether the amendment is germane or not. In such cases without any motion he submits the question === Page 22 ============================================================ to the assembly thus: "The chair being in doubt will ask the assembly to decide the question, 'Is the amendment germane?' Are you ready for the question?" If no one rises to debate it, or when the debate is finished, he puts the question thus: "As many as are of opinion that the amendment is germane to the resolution [or amendment] say 'Aye.' As many as are of the contrary opin- ion say 'No.' The ayes have it, the amendment is declared ger- mane, and the question is on the amendment, etc." Or if there are more votes in the negative than in the affirmative he says, "The noes have it, the amendment is declared not germane, and therefore is out of order. The question is on the resolution, etc." An amendment must not have the effect of making the affirma- tive of the amended resolution equivalent to the negative of the original resolution. Allowing such amendments would merely waste the time of the assembly. Thus, suppose this resolution pending: "Resolved, that our delegates be instructed not to oppose the pro- posed amendment to our State Constitution." An amendment to strike out "not" is in order, because voting down the resolution of instructions "not to oppose" is not equivalent to instructing the delegates to oppose the amendment. An amendment to in- sert "not" after "be" would be out of order, because if the amended resolution should be adopted its effect would be prac- tically the same as if the original motion were voted down, in either case each delegate being left free to vote as he pleases. Again, suppose the resolution reads, "Resolved, That our dele- gates be instructed to oppose the proposed amendment to our State Constitution"; an amendment to insert "not" before the word "in- structed" would be out of order, while one to insert "not" after "instructed" would be in order. In the former case the effect of the affirmative of the amended resolution is the same as the nega- tive of the original resolution, namely, to leave each delegate free to vote as he thinks best. In the latter case, however, the effect of the two votes is quite different, as instructing the delegates not to oppose the amendment is very different from refusing to in- struct them to oppose the amendment, which latter leaves them free to vote as they please. So the word "not," or its equiva- lent, can sometimes be inserted or struck out, and in other cases it cannot. It depends entirely upon the effect of the amendment, as just shown. Rejecting a resolution is not always equivalent to adopting the opposite, as many may vote against the resolution === Page 23 ============================================================ because they are opposed to the society's committing itself on the subject, and not because they hold views the opposite to those expressed in the resolution. A motion cannot be amended so as to change it into another parliamentary motion. Thus, a motion to postpone a question to the next meeting cannot be amended by striking out "to the next meeting" and inserting "indefinitely," or inserting any date when there is no meeting, which would be practically the same as in- serting "indefinitely." It is not allowable to substitute the mo- tion to postpone indefinitely for to commit, or to substitute a mo- tion to adopt one resolution for a motion to adopt another one that is not germane, though one resolution may be moved as a substi- tute for another on the same subject, provided it conforms to the conditions heretofore prescribed for an amendment. One form of an amendment cannot be amended so as to change it into another form of amendment. For example, a motion to "strike out" can- not be amended by adding "and insert," etc. As a general rule, one motion cannot be amended so as to include another form of motion, but either of the motions relating to limiting or extend- ing the limits of debate may be amended so as to include the others. For example, a motion to limit each speaker to one speech on the pending question may be amended so as to limit the length of each speech to one minute, and the entire debate to thirty min- utes, and that may be further amended so as to allow the leaders on each side to speak for five minutes, with the privilege of re- serving a portion of their time for a closing speech. Any main motion may be amended by adding to it instructions for its being printed, or a proviso as to when it is to take effect, provided the motion is not frivolous or improper. Other Amendments that Are Not Allowed. An amendment must not conflict with a motion already adopted at the same session, nor is an amendment in order that will interfere with the adop- tion of a motion previously made and still in the possession of the assembly.(l) In such a case the subject will come before the as- sembly in the course of business, if the assembly so desires, and freedom of action at that time cannot be interfered with by an amendment to another motion, any more than it can by a new motion. [See page 79.] No amendment is allowed that is frivolous, or that would leave -------------------------------------------------------------------------------- (1) See In Possession of the Assembly, page 10. === Page 24 ============================================================ no rational proposition before the assembly, or that is expressed in language which would be out of order if used in debate. It is not permissible to waste the time of the assembly on trifling amendments, nor may a motion be changed by amendments into one that would have been out of order if originally offered in that form. Thus, it is not allowed to strike out the word "Resolved," from a resolution, and thus leave no rational proposition. If the object is to try to kill the resolution without risking a direct vote on it, the proper course is to move to postpone the question in- definitely. Neither can a motion to postpone a resolution be amended so as to postpone it to an unreasonable time. The Rank, or Order of Precedence, of an amendment is just above, and its Debatability is the same as that of the motion it is proposed to amend, except that an amendment always outranks the motion to postpone indefinitely. Thus, an amendment to the privi- leged motion to fix the time to which to adjourn outranks all sub- sidiary and privileged motions, and is undebatable because the motion it is proposed to amend has this high rank and is undebat- able; while an amendment to a main motion is outranked by, that is, yields to, all other motions except a main motion and the mo- tion to postpone indefinitely, and is debatable because a main mo- tion has this low rank and is debatable. When an amendment is debatable the debate must be confined to the merits of the amendment. Thus, if a motion is pending to refer the subject to a committee of five, and an amendment is moved "to strike out five and insert seven," it is out of order to speak against referring the question to a committee, since that is not the immediately pending question. The immediately pending question is on changing the committee from five to seven, and the propriety of this change is the only question that can be discussed. Sometimes the amendment is of such a nature that its discussion necessarily involves the merits of the question to be amended, in which case such discussion, of course, is allowed. No subsidiary motion except to amend can be applied to an amendment except where it is debatable, and then the previous question and the other motions relating to closing or limiting de- bate may be ordered, in which case they apply only to it, the im- mediately pending amendment, unless they are so qualified as to include other pending motions. Thus, an amendment cannot by itself be referred to a committee, or postponed, or laid on the table. === Page 25 ============================================================ If any one of these motions is adopted while an amendment is pending, the amendment goes to the committee, or the table, or is postponed, together with the main motion. On this account these motions are said not to apply to the motion to amend, while the previous question does apply, because when it is ordered while an amendment is the immediately pending question, the previous question affects only the immediately pending amendment, unless specified to the contrary. The subsidiary motion to amend requires only a majority vote for its adoption, regardless of the vote required for the adoption of the motion to be amended. Amending only changes the form of the question to be submitted to the assembly for its adoption, and if either side must yield its preference in this matter it cer- tainly should be the minority. When the amended question is put to the assembly for its decision it may require a two-thirds vote for its adoption, as in case of the motion to limit debate. The motion to amend anything already adopted, as by-laws or stand- ing rules, etc., is not a subsidiary motion. It is a main motion, and the vote required for its adoption depends upon what is to be amended, as shown on page 38. Every main motion and the following secondary motions may be amended: the subsidiary motions, amend, commit, postpone to a certain time, and limit or extend limits of debate; the privi- leged motions, take a recess, and fix the time to which to adjourn; and the incidental motions, division of the question, and motions relating to consideration by paragraph, etc., and to methods of making nominations, and to methods of voting. The amendment of these secondary motions is limited and is extremely simple, as shown hereafter, page 36. Amendments to main motions may be moved so as to affect (a) merely certain words of a paragraph; or (b) an entire paragraph or the entire resolution; or (c) the motion itself. In the first case the motion may be said to be an amendment of a paragraph, and it should be made in a form similar to this: "I move to amend the first paragraph of Section 2, Article V, by striking out 'three and inserting 'five.'" In the second case it is more properly an amendment of the resolution, or of the by-laws, or of an article or section of the by-laws, as the case may be, and it is made in this form: "I move to amend Article VI by inserting after the second paragraph [or section] the following paragraph [or sec- === Page 26 ============================================================ tion] etc."; or, "I move to amend the resolution by striking out the second paragraph"; or simply, "I move to strike out the second paragraph." In the third case the amendment may more prop- erly be said to be an amendment of the motion to adopt, and it should be made in a form similar to that given in the following illustration: Suppose the pending question to be on the adoption of a revision of the by-laws submitted by a committee, which revision reduces the length of the term of the officers, and it is de- sired not to affect the officers now in service. The proper course is to move "to amend the pending motion, by adding, 'provided the term of office of those now in service shall not be affected thereby.'" So the motion to adopt the amended by-laws could be amended by adding, "provided that Article V shall not go into effect until after the close of this annual meeting." It is the duty of the committee that reports the revision to incorporate in the motion to adopt the revised by-laws all such provisions as these which they deem necessary. Members have a right to move amend- ments to this motion to adopt, adding other provisions like the above. FORMS OF THE MOTION TO AMEND When a resolution, or other main motion, is not satisfactorily expressed and it is desired to modify it, the amendment should be moved in one of these three forms: To Insert or Add. When it is desired to insert words in a reso- lution, the following forms are used: "I move to insert 'three' before 'lectures'"; or, "I move to amend the resolution by in- serting the word 'three' before the word 'lectures.'" When it is desired to insert a paragraph, the motion is made thus: "I move to insert after the second paragraph the following paragraph." Then follows the new paragraph to be inserted. The exact location of the words to be inserted must be designated by stating the word before or after which they are to be placed. If the insertion is to be in printed matter, the line and paragraph should be speci- fied. The most important word before or after should generally be used, and sometimes both should be used, thus: "I move to insert the words 'of the stockholders' between the words 'meet- ing' and 'will' in the first paragraph." This is usually neces- sary where the important word is repeated. In every case the place where the words or paragraph are to be inserted must be accurately described. If the additional words or paragraph are to be at the === Page 27 ============================================================ end, then instead of "insert" the word "add" is used. As it is understood that "added" words are placed at the end, it is not necessary or proper further to describe their location. The form of the motion is this: "I move to add the words, 'and that the committee be instructed to have 500 copies of the ticket printed'"; or, "I move to add to the second paragraph the following words, etc." The words to be inserted must be inserted at one place. If the insertion of the words necessitates a further change in the word- ing of the resolution, then this is not the proper form of amend- ment to use. The form in such case is the motion "to strike out and insert," as shown in the following example: Suppose the follow- ing resolution pending: "Resolved, That the secretary be di- rected to prepare a list of members delinquent in the payment of dues, and that he submit a report at the next meeting." Now it is desired to add the treasurer to the committee. But if the words "and treasurer" are inserted after "secretary" the word "he" in the last clause should be changed to "they." In this case "to insert" is the wrong motion. The proper motion is "to strike out the words between 'secretary' and 'submit' and insert the words 'and treasurer be directed to prepare a list of members delinquent in payment of dues, and that they.'" Or, the new resolution could be written out properly and moved as a substitute for the pending one. Sometimes in amending resolutions a grammatical error is inadvertently created. When noticed, the chair should call attention to the error and say that unless objection is made the secretary will correct it, stating at the same time what correction will be made. By this course much valuable time may be saved. If objection is made, which is improbable, the chair, without wait- ing for a motion, should put to the assembly the question on a proper amendment to rectify the error. In the case illustrated earlier in this paragraph, if the words "and treasurer" had been inserted, the necessary mechanical correction of changing "he" to "they" could have been made by general consent, as just described. When words or a paragraph are to be inserted or added, their friends should see to it that they are made as nearly perfect as pos- sible by suitable amendments before the vote is taken on insert- ing them, because after they are inserted it is too late to change them, the assembly having decided to insert the words or para- graph in exactly that shape. Additions may be made to the para- === Page 28 ============================================================ graph, but not such as modify what the assembly has inserted. Before modifying what has been inserted it is necessary to re- consider the vote by which the words or paragraph were in- serted, and then to amend them suitably before again voting on inserting them. While words that have been inserted cannot be amended by inserting or striking out words, it is allowable to amend the reso- lution by striking out all or a part of the words that have been inserted together with other words, provided the new question is an entirely different one from the question decided by the assem- bly when it inserted the words. The same principle applies to a paragraph that has been inserted or added. It cannot be amended in any way except by adding to it words that do not conflict with the paragraph as inserted. It cannot be struck out unless other paragraphs are struck out with all or a part of it so as to present to the assembly an entirely different question from the one it has already decided. Suppose a pending resolution contains among other things a paragraph authorizing a committee to rent a hall. This is amended by adding "and to furnish the same." Those added words cannot be amended, but a motion would be in order to strike out the entire paragraph, as that would be an entirely different question. If the hall was to be rented the majority wished it furnished. But it does not follow that a majority wished to au- thorize the committee to rent the hall, and therefore a motion to strike out the entire sentence or paragraph is in order. If the motion to insert is voted down, it does not follow that the assembly is unwilling to have the words or paragraph or a part of them inserted elsewhere, provided the new location or the modi- fication of the words makes the question practically a new one. The adverse vote merely shows that the assembly is unwilling to in- sert these particular words at this particular place. Therefore it is allowable to move to insert the words or paragraph at some other place where the connection will be such as to raise a new ques- tion. It may be moved to insert at the same place the same words or paragraph so modified as to make an essentially new question, but it is not allowed merely to change the wording without in any way changing the sense, so as practically to bring the same ques- tion before the assembly a second time. To illustrate this, sup- pose a set of by-laws is being considered and a motion is made to insert a section after the second section of Article II. The mo- === Page 29 ============================================================ tion to insert being voted down, it would not be in order to move to insert the same section at another place in the same article, un- less the objections to inserting it in the place first proposed do not apply to inserting it at the new place. The objection may be only to inserting it in this particular article, in which case it would be allowable afterward to move to insert it in a more appropriate ar- ticle. Common sense must be exercised by the presiding officer so as to give members as great liberty as possible and at the same time to protect the assembly from being imposed upon by useless motions that bring before the assembly questions that it has prac- tically decided already. Amending the Motion to Insert or Add. The motion to insert (or add) may be amended in any of the three ways main motions may be amended, that is, by inserting (or adding), by striking out, and by striking out and inserting. As previously stated, it is very important that the friends of a proposed amendment make it as nearly perfect as possible by amendments before the vote on the insertion is taken, because they thereby improve the chances of its adoption, and also because, if adopted, it cannot be further changed by amendments. To Strike Out. When it is desired to strike out words or a paragraph in a resolution, the motion is made thus: "I move to strike out the word 'excessive'"; or, "I move to strike out the word 'the' before the word 'desks' in the third paragraph"; or, "I move to strike out the second paragraph of the first section of Article III." Whenever there is liability to uncertainty as to the word to be struck out, the word before or after it, or possibly both, should be designated, as in the second example given above. The words to be struck out must be consecutive in the motion to be amended. Amending the Motion to Strike Out. The motion to strike out words can be amended only by striking out words from the pri- mary amendment to strike out. The effect of striking out words from the primary amendment to strike out is to leave the words in the resolution, regardless of whether the primary amendment is car- ried or lost. When it is proposed to strike out several words, it is allowable to strike out from the primary amendment an interme- diate word, and thus to separate the words in the primary amend- ment, as in this example: A resolution is pending to authorize a committee, "to visit the cities of New York, Cleveland, Chicago, Philadelphia, and Boston." While this is pending it is moved to === Page 30 ============================================================ strike out "Cleveland, Chicago, Philadelphia" from the resolu- tion, and a secondary amendment is moved "to strike out 'Chi- cago' in the primary amendment." If this secondary amendment is carried, the word "Chicago" remains in the resolution, and the primary amendment is now "to strike out the words 'Cleveland,' Philadelphia,'" which words, it will be noticed, are separated in the resolution. The primary amendment is now in such a shape that if originally offered thus it would have been ruled out of or- der. If the primary amendment is now adopted, the question is on the resolution as amended, namely, "to authorize the commit- tee to visit the cities of New York, Chicago, and Boston." The motion to strike out a paragraph is treated differently from a motion to strike out words, as far as amending is concerned. In the latter case, as has been stated, the only secondary amendment allowed is to strike out. In the case of striking out a paragraph, however, it is the duty of its friends to improve the paragraph as much as possible before the vote is taken on striking it out, in the hope of defeating that motion. For this purpose it is allowed to amend the paragraph in any or every way that a main motion may be amended. The motion to strike out a paragraph is a pri- mary amendment and only one amendment of it can be pending at a time, this latter being a secondary amendment. When the para- graph is perfected the question is put on striking it out. If the motion to strike out the paragraph is lost, it may be still further amended. It will be noticed that the effect of striking out a word from a primary amendment to strike out is entirely different in the two cases of striking out words and striking out a paragraph. If a primary amendment to strike out certain words in a resolution is pending and a word is struck out of the primary amendment, that word remains in the resolution, whether the primary amendment to strike out is adopted or lost. If a primary amendment to strike out a paragraph in a resolution is pending and a word is struck out of the paragraph, that word remains out of the paragraph and therefore out of the resolution, whether the paragraph is struck out or not. If the motion to strike out is lost, it only shows that the assem- bly is not willing to strike out those particular words or that para- graph alone. It does not show that it is not willing to strike out a part of them, or all of them provided additional matter is struck === Page 31 ============================================================ out with them. It is only necessary that the new motion shall dif- fer essentially from the one the assembly has already decided. If the motion to strike out is adopted, the same words or para- graph cannot be put back in the resolution unless they have been so changed by additions or omissions as to present an entirely new question. If in considering a subject by paragraph it is decided to transfer a paragraph or words to another place, it can be done by announcing, at the time the motion to strike out the words or paragraph is made, that a motion will be made later to insert the same words or paragraph in another designated place. This method is necessary when considering a question by paragraph. As the paragraph or words were struck out with the understanding that they were to be inserted elsewhere, this is no violation of the rule that the exact words that have been struck out cannot afterward be inserted without a material modification. To Strike Out and Insert or to Substitute, as the motion is called when it is applied to an entire paragraph or resolution. The two preceding motions, to strike out and to insert, provide for all cases where it is desired to strike out or to insert anything, from a few words to several paragraphs in the pending motion. But frequently it is desired to replace words or a paragraph by other words or another paragraph. If a motion were made only to strike out the words or paragraph, members might hesitate to vote for it because they do not wish it struck out unless certain words or a certain paragraph is inserted, and they cannot be sure that enough votes can be secured to make the desired insertion after the motion to strike out has been adopted. To meet this dif- ficulty it is allowed to combine the two preceding motions in one motion called "to strike out and insert," or "to substitute," as it is called in case of an entire resolution or paragraph that is re- placed. This motion cannot be divided, because its very object would be defeated if any one could require the vote to be taken separately on striking out and on inserting. But for purposes of amend- ment it would be inconvenient to allow amendments indiscrimi- nately to what is to be struck out and to what is to be inserted, and therefore no amendment of the words to be inserted is in order until the assembly has perfected by amendments the words or paragraph to be struck out. Consequently, when the motion to strike out and insert is made, the chair states the question thus: === Page 32 ============================================================ "It has been moved and seconded to strike out the words ___ and insert the words ___. Are there any amendments proposed to the words to be struck out?" When no further amendments are proposed, the chair says, "Are there any further amendments pro- posed to the words to be struck out? There being none, the words to be inserted, which are ___, are open to amendment." It will be seen that the two parts of the combined motion are amended the same as if they were two separate independent mo- tions, each being under the rules laid down for that motion. The debate, of course, may go into the merits of both parts of the mo- tion, since the real question to be decided is the comparative mer- its of the words to be struck out and those to be inserted. When the assembly has finished debating and amending the question, the chair puts the question thus: "The question is on amending the resolution [or motion, or paragraph] by striking out the words ___, and inserting the words ___. As many as are in favor of the amendment say 'Aye.' Those opposed say 'No.' The ayes have it and the amendment is adopted. The question is now on the resolution [or motion, or paragraph] as amended. Are you ready for the question?" If the amendment is to substitute a new paragraph for one in the original motion, as in case of amending a set of by-laws which is under consideration by a society at the time of its organization and has not yet been adopted, the business proceeds in a manner similar to this: The chair states the question thus after the new paragraph has been read: "It has been moved and seconded to substitute the paragraph just read for the second paragraph of the first section of Article III of the pending by-laws. Are there any amendments proposed to the paragraph to be struck out?" When no further amendments are proposed, the chair says: "There being no amendments [or, no further amendments] proposed to the paragraph to be struck out, the paragraph to be inserted is open to amendment." The comparative merits of the two paragraphs are open to debate, and, before the vote is taken on making the substitution, the two paragraphs should be perfected by amend- ments as heretofore described under the separate motions, to in- sert, and to strike out. When no further debate or amendment is desired, the chair reads first the paragraph to be struck out, and then the paragraph to be inserted, reading them both as they finally stand after being perfected by amendments. He then puts === Page 33 ============================================================ the question thus: "The question is on amending the pending by-laws by substituting the paragraph last read for the paragraph in the pending by-laws [or, in the by-laws reported by the com- mittee]. As many as are in favor of the motion to substitute [or, of the amendment] say 'Aye.' Those opposed say 'No.' The ayes have it and the motion to be substituted [or, the amendment] is adopted." The chair proceeds at once to have the next para- graph read and asks, "Are there any amendments proposed to this paragraph?" and thus continues until an opportunity has been given for amending each paragraph or section of the by-laws. When the by-laws have been perfected by amendments, the ques- tion is put upon adopting or agreeing to the by-laws as amended. If it is desired to replace an entire resolution by another one on the same subject, the proper course to pursue is for a mem- ber to obtain the floor when nothing is pending but the main mo- tion, the resolution, and say, "I move to substitute for the pend- ing resolution the following: 'Resolved, That,' etc.," reading the proposed substitute. The chairman states the question thus: "It is moved and seconded to substitute for the pending resolution the following: 'Resolved, That, etc.' [reading the resolution]. Are there any amendments proposed to the pending resolution?" The pending resolution should then be perfected by amendments, if it has not been done already, as has been explained in case of striking out a paragraph. When no further amendments are offered, the chair says, "There being no further amendments pro- posed to the pending resolution, the substitute is open to amend- ment. It reads as follows: 'Resolved, That, etc.'" The substi- tute is then perfected by amendment, as in the case of inserting a paragraph. When its amendment is apparently completed, the chair asks, "Are you ready for the question?" No one claiming the floor, he reads, or causes to be read, first the pending resolution and then the proposed substitute, after which he says, "The ques- tion is, 'Shall the resolution last read be substituted for the pend- ing resolution?' As many as are in favor of the substitution say 'Aye.' Those opposed say 'No.' The ayes have it and the motion to substitute is adopted. The question is now on the resolution as amended. Are you ready for the question?" In stating the question to be voted on, instead of using the words above men- tioned the chair may say, "The question is on substituting the resolution last read for the pending resolution." === Page 34 ============================================================ The adoption of the motion to substitute has no effect except to put the substitute in the place of the resolution or paragraph which it replaces. Therefore, if a resolution or paragraph has not been adopted, but is pending and must be voted on, then a resolution or paragraph substituted for it becomes the pending question and must be voted on. A paragraph or section or article of by-laws or standing rules, etc., that has been previously adopted, is not pending to be voted on, and therefore when another para- graph, section, or article is substituted for it, the substituted paragraph, section, etc., becomes a part of the adopted by-laws, standing rules, etc., and no further vote is taken. Thus, only one vote is taken in case of substituting a paragraph, etc., for a paragraph of an adopted set of by-laws, etc., while two votes are necessary in case of by-laws not adopted, first on making the substitution and next on adopting the by-laws as amended. In the case of adopted by-laws the question is on substituting some- thing for something already adopted, and if agreed to there is no further question in the case, because the substituted matter has taken the place of something already adopted. But in the other case the substituted matter takes the place of something that has not been adopted, and therefore it is subject to being voted on, the same as was the matter it has replaced. Members may vote for a substitute for a motion that is pending, not because they are in favor of its final adoption, but because they are opposed to the pending measure and wish to load it down with such extreme pro- visions that it can never be adopted. Voting for the substitute only puts it in the place of the pending main question against which they intend to vote. If the motion to strike out and insert, or to substitute, is adopted, all the rules relating to matter struck out apply to what has been struck out; and all the rules relating to the matter in- serted apply to the matter that has been inserted or substituted, exactly as if the two motions had been made separately. If the motion to strike out and insert, or to substitute, is lost, the only question the assembly has decided is that that particular change shall not be made. It does not show that the assembly is opposed to striking out the words or paragraph, nor that it is unwilling to make the desired insertion somewhere else, but that it is unwill- ing to replace the words or paragraph in the manner specified. Any motion may be made in reference to the group of words or para- === Page 35 ============================================================ graph that was to be struck out, or was to be inserted, except one that is practically identical with the one voted down. If the vote on striking out and inserting, or substituting, is re- considered, the chair asks if there are any amendments to the words or paragraph it is proposed to strike out, and if there are none, or when there are no more proposed, he calls for amend- ments to the words or paragraph to be inserted, just as was done originally. When both those to be struck out and those to be in- serted are amended as much as the assembly desires, the chair puts the question on striking out and inserting, or substituting. This motion to strike out and insert is the proper motion to use when it is desired to strike out words that are not consecutive. The motion should be made to strike out the entire sentence, or enough to include all the words it is desired to remove, and to in- sert such a sentence or words as is desired. If the changes extend over much of a paragraph or resolution, it is better to write a new paragraph or resolution and offer it as a substitute. It is not in order, except by general consent, to strike out words at one place and to insert different words at another place. This is a combination of two motions that is not permitted. A sen- tence or paragraph, however, may be transferred to a different place by striking out and inserting. Amending a Preamble. When a resolution has a preamble, the preamble is not open to amendment until the assembly no longer wishes to amend the resolution. The chairman then asks if there are any amendments proposed to the preamble. This is done be- cause the amendments made to the resolution may necessitate a change in the preamble. Amending a Resolution with Several Paragraphs. When the main motion consists of a number of paragraphs, or sections, etc., as in adopting a set of by-laws, the paragraphs are taken up sepa- rately in their order, the chair asking in each case, after it is read, whether any amendments are proposed to that paragraph. After the paragraph is discussed and amended, without taking any vote on it the chair reads, or directs to be read, the next paragraph and proceeds as before, until the entire resolution or by-laws, etc., has been considered. The chair then states that the entire by- laws are open to amendment. It is then in order to move further to amend any of the paragraphs, or to insert a new paragraph. Finally the question is put on adopting the entire resolution, or === Page 36 ============================================================ by-laws, etc. For an illustration of this, see Amending By-Laws page 368. When paragraphs, sections, articles, or resolutions are numbered, and one of them is struck out or inserted, it is not necessary or usual to amend the numbers, since the necessary correction of the numbers is made by the secretary. AMENDMENT OF THE VARIOUS MOTIONS The motion to Adopt (Accept or Agree to) a main motion may be amended by adding instructions or a proviso in addition to changing the words of the resolution it is proposed to adopt, as in the following examples: Suppose a motion to adopt a set of by-laws is the immediately pending question: it is in order to move to amend the motion by adding, "provided they shall not take effect until after the close of this annual meeting"; or the motion to adopt could be amended by adding, "and the secretary is instructed to have 500 copies printed and to mail one copy to each member." Amendments of this nature are strictly amendments of the motion to adopt, while an amendment affecting an entire paragraph is an amendment of the resolution or other thing which it is proposed to adopt, and an amendment affecting certain words in a paragraph is an amendment of the paragraph, as well as an amendment of the resolution. The motion to Ratify may be amended as described above in the case of the motion to adopt. The motion to Rescind (or Repeal) is subject to amendments increasing or diminishing the portion to be rescinded, but if the part to be repealed is increased, the notice previously given does not apply, and the vote required is the same as if no notice had been given. Where previous notice is required, as in case of adopted by-laws, no amendment is in order that increases the amount to be rescinded. The motion to Commit (Refer to a Committee) may be amended by specifying the committee, if there are any standing committees, and also by giving it instructions. If the reference is to a special committee, then it may be amended by specifying the number to constitute the committee, and how it shall be appointed, and when it shall report, and by giving it any other instructions. The motion to Postpone to a Certain Time may be amended as to the time, and also by making the question a special order for a specified time. The time to which it is postponed must fall === Page 37 ============================================================ within the session at which the motion was made, or the next suc- ceeding business session. A motion to amend the time so that it would not fall within the time of the present or the next session would be out of order, but after a motion has been adopted fixing the time to which to adjourn, that is, fixing a time for holding an adjourned meeting, then an amendment postponing the question to that time would be in order. If the motion to postpone is amended so as to make the postponed question a special order, the amended motion, namely, to postpone and make a special order, requires a two-thirds vote, while the amendment required only a majority vote. [For a full discussion of the subject see Postpone to a Certain Time, page 57.] A motion to Close Debate at a Future Time, to Limit the Number and Length of Speeches, or to Extend the Limits of Debate, may be amended by changing the limits prescribed by the motion; or it may be amended by including any other limitations as to length and number of speeches and length of debate. Thus, a motion to limit each member to one speech may be amended by adding, "no speech to exceed three minutes in length and the debate to be closed and the question to be put at 2 P. M." The amendment requires only a majority vote, while the amended motion requires a two- thirds vote for its adoption. The motion to Fix the Time to Which to Adjourn, that is, to fix the time for holding an adjourned meeting, may be amended by changing the time, and by adding or changing the place for the meeting. The motion to Adjourn cannot be amended, unless it is qualified in some way, or unless it is made in an assembly before any pro- vision has been made for a future meeting, so that its effect, if adopted, would be to dissolve the assembly, and in these excepted cases the motion to adjourn is a main motion and may be amended. The motion to Take a Recess may be amended as to the time. Questions of Privilege, when raised by a member, are not sub- ject to amendment until a motion on the subject has been made and stated by the chair. Then that motion may be amended as any other main motion. A Call for the Orders of the Day cannot be amended, but when an order of the day is under consideration it may be amended like any other main motion. A motion for the Division of the Question may be amended so === Page 38 ============================================================ as to make a different division, but each separate question must be a proper one to be adopted if all the rest fail. A motion to Consider a Question by Paragraph, or Seriatim, may be amended so as to consider it by articles, or sections, or in some other way. A motion prescribing the Method of Taking a Vote may be amended as to the method. A motion to Appoint Tellers, like every other motion that involves numbers, may be amended as to the numbers. A motion to Close the Polls may be amended as to the time when they are to be closed, and to Reopen the Polls may be amended as to the length of time they shall remain open. A motion relating to the Method of Making Nominations may be amended as to the method; and one relating to Closing Nomi- nations may be amended as to the time for closing. A list of Mo- tions that Cannot be Amended will be found on page 553. AMEND AS A MAIN MOTION In all the rules that have been given for amendments it is as- sumed that to amend is a subsidiary motion, that is, that it is moved while a main or secondary motion is the immediately pending mo- tion. Whenever the motion to amend is referred to, the subsidiary motion is meant, unless it is specifically stated to the contrary. The subsidiary motion to amend is designed to modify the pending question, and the only effect of its adoption is to make a change in the question upon which the assembly is afterward to take a vote to decide whether it will agree to the motion as modified. Since amending a motion does not necessarily imply its adoption after it is amended, the subsidiary motion to amend requires only a majority vote, regardless of the vote required for the amended motion. Thus, the motion to Limit Debate requires a two-thirds vote, but an amendment to it requires only a majority vote. But the motion to amend is sometimes applied to constitutions, by-laws, standing rules, or resolutions that have been previously adopted and therefore are not pending. In such cases the mo- tion to amend is a main motion, and is necessarily treated dif- ferently from the subsidiary motion to amend. Like other main motions, it cannot be made while any other motion is pending, and is subject to amendments of the first and second degree. When the main motion to amend has the effect of striking out an en- === Page 39 ============================================================ tire resolution, rule, by-law, or set of by-laws, or constitution al- ready adopted, it is usually called "to Rescind" or "to Repeal," which is simply one form of the main motion to amend. To amend a resolution or standing rule already adopted requires a two-thirds vote, or a vote of the majority of the membership, unless previous notice has been given, in which case it requires only a majority vote. [See page 110 for Rescind, and page 368 for Amending By Laws, etc.] FILLING BLANKS It is often convenient in making a motion that involves num- bers, or dates, or names, to leave a blank; to be filled by the assem- bly with such numbers, or dates, or names as it may prefer. If they are in the motion when made, they may be changed by the ordinary method of amending. If there will probably be several amendments, it is sometimes better to create a blank by striking out the number, or date, or name, and then to treat the motion as if it had been made with a blank. The principal advantage of having a blank instead of using the ordinary method of amending, is that, in amending, the first proposition made is the one last voted on, and the last one made is the first one voted on, regardless of their relative importance; whereas in filling blanks the different propositions are voted on in a much better order, as shown hereafter, the order in filling in names being different from that used in filling in numbers or dates. To Create a Blank. The motion to create a blank by striking out a number, etc., is an incidental motion, like the motions re- lating to methods of voting or of dividing the question, and is therefore undebatable. It cannot be amended. Since it relates to the method of amending the resolution, it is in order when the immediately pending question is on the resolution, or on an amend- ment of the first or of the second degree which amendment would be struck out if the blank is created. It may be made in this form: "I move to create a blank in the resolution by striking out the words 'July 4th.'" After the vote creating the blank is an- nounced, the business proceeds the same as if the resolution had originally contained the blank, except that the chair announces in their order the number, or date, or name that was in the resolu- tion, next the one in the proposed primary amendment, and then the one in the proposed secondary amendment, if any have been === Page 40 ============================================================ proposed. He then asks if there are any more propositions for filling the blank. Filling a Blank. A blank is not filled by the ordinary method of amending, nor is the method of filling it with names the same as of filling it with a number or a date. According to the circum- stances of the case, the chairman inquires, "Of how many shall the committee consist?" or, "What date shall be inserted for the con- cert?" or, "Of whom shall the committee consist?" Members then suggest numbers, or dates, or names. No member, except by unanimous consent, can propose more than one. The chair re- peats each number, date, or name as it is suggested, and when all who wish have made their suggestions, which require no sec- onds, a vote is taken on the different names, numbers, or dates as described below. Filling a Blank with Names, or Nominations. In filling a blank with names, if the number of the names is stated and no more than this number are proposed, the chair usually accepts this as an expression of the wish of the assembly that the blank should be thus filled. If the motion is to appoint a committee, he puts the question upon appointing the committee consisting of these mem- bers. If the motion does not specify the number, the chair takes a vote on each name, beginning with the first one proposed, and all that receive a majority vote are inserted in the blank. If more names are suggested, or more nominations, as they are called, are made than are provided for in the motion, the chair takes a vote on each name in the order of nomination, beginning with the first and stopping as soon as a sufficient number have received a majority vote. Usually the persons first suggested for an office are more likely to be the choice of the assembly than those sug- gested later, and it is fairer to vote on them first, instead of last, as is the case where the ordinary method of amending is adopted. The advantages of using the method of filling blanks, or the nomina- tion method, as it is also called when the blanks are to be filled with names, is illustrated under Viva Voce Nominations and Elections, page 205. Filling Blanks with a Number or a Date. In filling blanks with numbers or dates, the usual practice in this country is to take the vote first on the largest number, or the longest time, or the most distant date, except where it is evident that a different order is necessary to enable the assembly to vote first on the proposition === Page 41 ============================================================ that will probably receive the smallest vote. Suppose a motion pending donating a blank sum to a hospital, and the blank is now to be filled. Various sums are proposed, $300, $400, $500, and $600. The vote is taken first on the largest amount, and if it is preferred by a majority it is inserted in the blank. If it is not the choice of the majority, the next largest sum, $500, is voted on, and this will command the vote of all its friends and also of all those who preferred $600. If these combined votes do not constitute a majority, the vote is taken on the next amount, and so on until a majority vote is obtained. Suppose that the vote was taken on $500 first, as might be the case if the ordinary method of amending was used, and that a large majority preferred $600. They might be afraid to vote down the $500 proposition for fear that one of the lower amounts might be adopted. By voting first on the largest sum the real preference of the assembly is more cer- tain of being ascertained. If, however, the resolution authorized the sale of property at not less than a blank price, the vote should be taken first on the smallest amount, since that would usually command the smallest vote. The vote would increase as the price rises, until it reaches a majority at the lowest price at which they are willing to sell. In case the blank is one of time, the longest time is voted on first. If the blank is to be filled with a date, the most distant one is voted on first. If, however, it is evident in any case that the reverse order will more surely enable the assembly to express its will, the chair should put the questions in that reverse order. The guiding principle is to begin at that end of the series which is least likely to be adopted, and this is most commonly found in the largest sum and the longest time. The number of propositions for filling a blank is not limited. They do not require to be seconded, nor can they be amended or have any other subsidiary motion applied to them. They may be debated. Blanks in a resolution or other motion should usually be filled while it is pending. But where a large majority feel confi- dent that the motion will not be adopted and that it is a waste of time to fill the blanks, they may order the previous question and thus force an immediate vote on the resolution before the blanks are filled. Since a two-thirds vote is required to order the previous question, and since probably only those that are opposed to the === Page 42 ============================================================ resolution would vote for the previous question while the resolu- tion is incomplete, there is but little danger of the resolution's being adopted with its blanks unfilled. If by any accident a resolu- tion or other motion should be adopted with unfilled blanks, it would be necessary to fill the blanks before taking up other busi- ness. When a motion is adopted that is incomplete, the motions to carry it to completion have the right of way before any new business can be transacted. The most common case of incomplete motions is in the appointment of committees, and under that head it is fully treated and some further information is given in regard to filling blanks as they occur in such motions. [See pages 48, 49.] === Page 43 ============================================================ CHAPTER V COMMIT, OR REFER When in Order ............................................................... 43 Forms of the Motion and the Procedure ....................................... 45 Recommit .................................................................... 50 Committee of the Whole and its Substitutes .................................. 50 Debate on the Motion ........................................................ 51 Motions in Order when Commit is Pending ..................................... 51 Commit as a Main Motion ..................................................... 52 To Discharge a Committee .................................................... 53 General Remarks ............................................................. 53 In nearly all clubs and other societies there is much work that cannot be done directly by the society itself or its officers, either on account of the nature of the work or because of lack of time. Resolutions and other main motions frequently are brought before the assembly in such a crude form that they can- not be properly amended without consuming too much time. Two or three carefully selected persons can prepare proper amend- ments in much less time than can be done by the entire assembly, while the assembly in the meantime can attend to other business. These selected persons are called a committee, and the motion to refer the resolution to them is called to Commit, or to Refer. There may be any number of committees at the same time to which different subjects have been referred. Any member of the assembly is free to make suggestions to a committee, and, if he requests it, a reasonable opportunity must be given him to ap- pear before the committee and to present his views. When the committee reports its recommendations to the assembly, they may be discussed and adopted or rejected, either as reported or after modification. Thus, referring a question to a committee does not interfere with the right of members to discuss it before taking final action upon the question. The judicious use of committees enables an assembly to do vastly more work and to diminish the chances of hasty, ill-advised action. Sometimes there is introduced in a meeting a resolution that cannot be acted upon intelligently until an investigation of the === Page 44 ============================================================ facts in the case has been made. Such a resolution should be referred to a committee to investigate and report the facts with their opinion or recommendation. Again, there may be a question before the assembly of such a delicate nature that it is best not to have the details brought before the assembly. By referring it to a large committee so rep- resentative that it has the confidence of the entire society, the assembly will usually be satisfied with a report giving only the recommendations of the committee without the details upon which the recommendations are based. In such cases, however, it is very important that the committee is not partisan. Sometimes there is before an assembly a very important matter upon which there is difference of opinion among the leaders, and which should be discussed until, if possible, an agreement is reached; but the majority of the assembly have wearied of the debate, and yet do not wish to act on the measure until it has had thorough consideration. In such a case the proper course to pursue is to refer it to a large committee of which the leaders on both sides and others who wish to discuss the question are mem- bers. If the committee is not large, it is sometimes good policy to invite to the committee meeting all who are likely to oppose the resolution and request them to take part in the discussion. By this method the opposition have had an opportunity to express their views, and the debate will be mainly confined to the com- mittee instead of occupying the time of the assembly, many of whose members would be bored by the lengthy discussion. In conventions of delegates meeting once a year there is so much business to be transacted in a limited time that it is almost necessary to require all resolutions to be carefully considered by a committee previous to coming before the assembly for action. In such a case it is usual to appoint a large committee on resolu- tions, which continues in existence as long as the convention does and to which are referred all resolutions as soon as introduced. Sometimes this committee is required by the by-laws or standing rules. This committee also prepares and submits resolutions demanded by courtesy or custom, such as a resolution of thanks for hospitality, etc., as explained under Committee on Resolu- tions, page 273. All the committees that have been mentioned are called special or select committees because they are selected to consider and === Page 45 ============================================================ report on a special subject, and when this is done the committee automatically ceases to exist. Committees that are permanent are called Standing Committees. [For a full account of the dif- ferent kinds of committees see Chapter XXII, page 243.] When the Motion to Commit or to Refer May Be Made. The only motions that can be referred to a committee are main motions with their pending amendments, and debatable appeals. When a resolution, or other main motion, is referred to a committee, the pending amendments go to the committee also, while a pending motion to postpone indefinitely is ignored. The motion to commit is out of order if any motion is immediately pending except the main motion which it is proposed to commit, or an amendment to it of the first or second degree, or the motion to divide or to post- pone indefinitely the main motion, or a debatable appeal. While as a general rule it is in order to refer to a committee any main motion, yet this rule, like most others, is subject to the rule of reason, of common sense. Motions that are manifestly absurd or unreasonable are out of order, even though they conform to the literal interpretation of the rules. [See Dilatory and Im- proper Motions, page 177.] Thus, a motion cannot be referred to a committee when such reference necessarily defeats the object of the motion. The chair should rule out of order a motion to refer a resolution to a committee to report at the next meeting when the resolution requires action to be taken before that meeting. So, too, it is out of order to move to refer to a committee a motion to adopt a committee's report, or a motion to proceed to an election, though both of these are main motions. To refer such motions to a committee is simply absurd. [The chart, page 548, shows what motions may be made when commit is immediately pending.] Form of the Motion. The motion to Commit, or to Refer, is made in a form similar to the following: (1) "I move to refer the resolution [or, that the resolution be referred] to the com- mittee on finance"; or, (2) "I move to refer the resolution to a committee consisting of Mr. A, Mr. B, and Mr. C"; or, (3) "I move to refer the resolution to a committee of five to be appointed by the chair [or, nominated from the floor], with instructions to report at the next meeting"; or, (4) simply, "I move to refer the resolution to a committee"; or, (5) any of the above-mentioned forms with the words added, "with full power." These five different forms are used as follows: === Page 46 ============================================================ (1) The first form is used when it is desired to refer the reso- lution to a standing committee or to a special committee that has already been appointed. After stating the question, since it is debatable, the chair asks, "Are you ready for the question?" It is in order now to discuss the propriety of the commitment, or the question as to whether another committee would be more suitable, or to move to amend by changing the committee or by adding instructions. The debate must not go into the merits of the question to be referred to the committee. When the debate has ceased and the amendments have been disposed of, the question on committing the resolution is put to vote and, if carried, the chair announces the result thus, "The ayes have it, the motion is carried [or adopted], and the resolution is referred to the com- mittee on finance with instructions to ___" (2) The second form is used when the mover wishes to designate the members of the special committee to which he proposes that the resolution be referred. Any member may debate the propriety of the commitment, or may move to amend by inserting an addi- tional name or names, or by striking out a name, or by striking out a name and inserting another in its place, or by adding in- structions. If the motion is carried, the chair announces the vote thus: "The ayes have it, the motion is adopted, and the resolution is referred to a committee consisting of ___" repeating the names of the committee and the instructions if there are any. (3) The third, or complete, form of the motion to refer is used when it is desired to refer the resolution to a special committee, specifying the size of the committee, and its method of appoint- ment, and giving it instructions. Any one or more of these points may be omitted, but it is usually better to include them all in the motion to refer to a special committee. Any of them may be changed by amendments, and if any have been omitted they may be inserted. After the motion to commit has been adopted, even if all the points mentioned have been covered, it is still necessary to appoint the committee before other business can be transacted, unless the committee is to be appointed by the chair. [See page 256 for the different methods of appointing committees.] If any of the points have been omitted in the adopted motion, they are treated as shown below under the fourth form of the motion. (4) The fourth form is used when the object of the mover is simply to have the motion referred to a committee, leaving to === Page 47 ============================================================ others the privilege of suggesting the kind of committee and other details. When this form is used the procedure is as follows: A soon as the motion is made and seconded, the chair states the question thus: "It has been moved and seconded to refer the resolution to a committee. Are you ready for the question?" The motion is then open to debate and amendment. If a member wishes it referred to the standing committee on resolutions to be reported at once, he moves, "to amend by striking out 'a commit- tee' and inserting 'the committee on resolutions with instructions to report as soon as possible.'" If a member wishes it referred to a special committee, he moves to amend by adding the necessary words, as, "of three to be nominated by the chair." When the assembly has finished amending the motion to commit, the chair puts the question on the completed motion, announces the result, and proceeds, in accordance with the motion as adopted, to appoint or nominate the committee, or to have it elected. [The Appoint- ment of Committees, including their nomination and election, is fully treated on pages 256-264.] Sometimes when the chair states the question on the motion simply to refer, there is no response to the question, "Are you ready for the question?" In such cases it is generally better for the chair, without waiting for motions, to put the various ques- tions on completing the motion to refer, so as to get it into one of the preceding forms. These questions are usually settled by general consent, in the order given below, until one of the other three forms of the completed motion is obtained, and then a vote is taken on the completed motion. The first question asked by the chair, if there are appropriate standing committees, is, "To what committee shall the resolution be referred?" When this question receives only one answer, and that specifies a standing committee, the chair accepts this as the will of the assembly, and states the question on the completed motion, puts it to vote, and, if it is carried, announces that the resolution is referred to the designated committee. If several committees are suggested in answering this question, the chair takes a vote on each until one receives a majority vote. They are voted on in the following order: (1) Standing committees in the order in which they are suggested; (2) special committees in the order of their size, the largest being voted on first. If the only answer to the chair's first question is, "A special === Page 48 ============================================================ committee," he immediately asks, "Of how many shall the com- mittee consist?" This is the first question asked by the chair, if there are no appropriate standing committees, as in such case it is useless to ask, "To what committee shall the resolution be referred?" When various numbers are suggested, the chair imme- diately puts the question on the different numbers, beginning with the largest, until one of them receives a majority vote, and then announces that the committee will consist of that number, and asks, "How shall the committee be appointed?" If only one number is suggested, the chair accepts that as the will of the assembly and proceeds to the next question as just stated. He proceeds in the same way if the answer to the first question, instead of being "A special committee," is "A committee of ___," specifying the size of the committee. The next question is, "How shall the committee be appointed?" The answer to this question may be (1) "By ballot"; (2) "By nominations from the floor"; (3) "Nominations by the chair"; or (4) "Appointment by the chair." If only one method is sug- gested, the chair assumes that to be the will of the assembly and proceeds as though a vote had been taken. If more than one method is suggested, the vote is taken on each of them, in the order given above, until one is chosen. The most common methods are "Nominations from the floor" and "Appointment by the chair." This is usually the last question asked by the chair, as he never asks what instructions are to be given the committee unless he thinks instructions necessary. If a member wishes the committee to be instructed, he can move to amend by adding the instructions, or he can wait until the committee has been appointed and then move that the committee be instructed so and so. When the method of nomination is settled, the chair states the question on the motion to refer, and puts it to vote thus: "The question is on referring [or, on the motion to refer] the resolution to a committee of five to be nominated from the floor. Are you ready for the question?" If no one rises to speak or make a motion, he continues: "As many as are in favor of the motion say 'Aye.' Those opposed say 'No.' The ayes have it, the motion is adopted, and the resolution is referred to a committee of five to be nominated from the floor. Members will please nominate [or, Nominations are now in order]." Nominations are then made and acted upon as described on page 258. === Page 49 ============================================================ If, when the chair states the question on the motion simply to refer, no one rises to speak or to make a motion in response to his inquiry, "Are you ready for the question?" and he thinks a majority wish to consider the resolution at that time and are opposed to referring it to a committee, time may be saved by the chair's putting the question at once on the motion to refer. If the motion is voted down, the assembly is saved the trouble of settling the details about the size and appointment of the com- mittee, which are of no consequence since the resolution is not to be referred to a committee. Should the chairman be mistaken and the motion to refer be adopted, then it is necessary to settle all the details afterward in the same order as has just been given for their settlement. If the assembly evidently wishes to consider and act on the question immediately, and yet a small minority is using much time in debate and in efforts to amend the motion, the proper course is to order the previous question on the motion to refer and its amendments, if any are pending. This requires a two- thirds vote and if carried stops debate and further motions to amend, bringing the assembly immediately to a vote on the motion to refer and its amendments. If the motion to refer is voted down, time is saved that might have been spent in uselessly com- pleting the motion to refer. If the motion to refer is adopted (which is not probable when two thirds voted to order the previous question on it while it was incomplete) it is necessary only to determine the details as to the committee in the same order as when settled in advance. In completing the details after the simple motion to refer has been adopted, each detail is announced as soon as decided, and no vote is taken on the completed motion, because it has already been voted to commit the resolution. When the details are settled in advance, these are really amendments to the pending motion to refer, and it is necessary to take a vote on the completed motion. (5) The fifth form of the motion to refer differs from the others only by adding to one of them the words "with full power." It is used when it is desired to refer a resolution to a committee with full power to take final action in the case, this power, of course, being limited to what the society can do itself. The com- mittee, if thus authorized, is clothed with all the power of the === Page 50 ============================================================ society, as far as the matter referred to it is concerned, and when its work is completed it reports for the information of the society what it has done. Recommit. When a resolution that has been reported by a committee is again committed, it is said to be "recommitted." When it has been moved to recommit a resolution and various committees are suggested, they are voted on in the same order as in case of a first commitment, except that the former committee, if it has been suggested, is voted on before other committees of the same class. Thus, if previously it was referred to a standing committee and that committee is suggested, it must be voted on before voting on any other standing committee. And so the previous special committee takes precedence of other special com- mittees. In every other respect the rules applicable to the motion to commit apply equally to the motion to recommit. If the matter is recommitted without specifying the committee, then the reso- lution goes back to the committee that reported it. In such case the motion may be made either "to recommit the resolution" or "to refer the resolution back to the committee." If it is referred to another committee, the regular form of the motion to commit is used. When a resolution or any matter is recommitted, all action previously taken by the committee is ignored, regard being paid only to what the assembly refers to the committee. Committee of the Whole and Its Substitutes. Sometimes, in- stead of referring a question to a small committee, it is desired to discuss it in the assembly with all the freedom of a committee, which may be done by referring it to the "committee of the whole," or by considering the question "as if in committee of the whole," or by "considering it informally." The first method is used in the U. S. House of Representatives, the second in the U. S. Senate, and the third in ordinary assemblies only. These three motions may be considered as forms of the motion to commit, and when the chair inquires what kind of committee is desired, these forms may be proposed, as well as standing and special committees. If all five are proposed they are put to vote in the following order: committee of the whole, as if in committee of the whole, consider informally, refer to a standing committee, and finally refer to a special committee. It is only when it is desired to take up the question immediately and consider it with all the freedom of a committee that an ordinary assembly uses one of the first three === Page 51 ============================================================ methods. The motion for this purpose is made as follows: "I that we go into committee of the whole, to take under consideration ___"; or, "I move that the assembly [or club] do now resolve itself [or go] into the committee of the whole, to take under consideration ___"; or, "I move that the resolution be considered as if in committee of the whole"; or, "I move that the resolution be considered informally." These different methods of considering a question by the entire assembly with all the freedom of a committee are explained hereafter on pages 290-293. Debate on the Motion to Commit. If the motion to commit is adopted, the main motion and its amendments go to the committee and come back to the assembly with the committee's report, at which time they are open to discussion. If the motion to commit is lost, the main question and its amendments, if any, are before the assembly for debate and such action as the assembly desires to take. Therefore, there is no need of discussing the merits of the main question while the motion to commit is pending, and, because of this, the debate is limited to the reasons for and against referring the main question to the designated committee, and for and against its size, the method of appointment, and instructions. When an amendment is offered, the debate is limited to that amendment. Thus, if it is moved to amend by striking out "three" and inserting "five," no debate is allowed except on the relative merits of three and five. From the above it will be seen that the debate on the motion to commit is very limited, just as it is with the motion to postpone. In both cases the main question will come before the assembly again, at which time the discussion may take place. Motions that are in Order when to Commit is Immediately Pending. While the motion to commit is immediately pending, it is in order to amend that motion, as already shown, by specify- ing or changing the committee; by specifying or modifying the method of its appointment; or by giving it instructions or power, or by modifying its instructions or power. Like all other debatable motions, the previous question may be ordered on it, or the debate may be limited. If while the motion to commit is the immediately pending question one of these motions to close or to limit debate is adopted without specifying the motions upon which it is ordered, it applies only to the motion to commit, without in any way affecting the main motion. The motion to commit cannot be com- === Page 52 ============================================================ mitted or postponed indefinitely. It cannot by itself be laid on the table, or postponed to a certain time. These latter motions are designed for the purpose of having the question brought before the assembly again at a more convenient time, and it would be an absurdity if, in the meantime, the main motion could have been disposed of so there would be nothing left to refer to a committee when the motion to commit was taken up for considera- tion. If either of these motions, to lay on the table or to postpone, is adopted when the motion to commit is pending, it applies to all the pending questions, taking to the table, or postponing the main motion and all pending subsidiaries including the motion to commit. When the questions come up again for consideration, the motion to commit is again pending in the same condition as when the motion to lay on the table, or to postpone, was made. While the motion to commit is the immediately pending ques- tion, it is in order to make any privileged or incidental motion that the occasion may demand. The new motion supersedes for the time being the motion to commit, but the consideration of the latter is immediately resumed when the new motion is disposed of, unless this is prevented by the action taken on the new motion. The motion to commit, even though it contains instructions, cannot be divided, because if divided and the first part, referring the resolution to the committee, is lost, the remaining question, which would be on the instructions, is absurd, as there would be no committee to instruct. A separate vote, however, may be obtained on instructions by moving to strike them out. Instruc- tions, or additional instructions, may be given a committee by the assembly at any time up to the time of its making its report. The vote on the motion to refer, whether the motion is adopted or lost, may be reconsidered, provided the motion to reconsider is made before the committee has taken up the subject. After the committee has begun its work it is too late to reconsider the vote on committing the resolution, or appointing the committee, but the committee may be discharged at any time, as explained [page 108]. To Commit as a Main Motion. To appoint a committee to re- port or to act on a matter not before the assembly, or to refer to a committee a matter not before the assembly, is a main motion, not a subsidiary one. The subsidiary motion to refer, or commit, is applied to resolutions that are pending at the time. But it is often desirable to appoint a committee on a subject not before the === Page 53 ============================================================ assembly, as in the following case: A member rises, and after being recognized by the chair, states that the heating and ventilation of the hall is a subject of much complaint, and he moves that a committee of three be appointed by the chair to investigate the subject and report with their recommendation as to what remedial measures should be adopted. Now, this motion is evidently a main motion, as it brings before the assembly for its action a new question. It is a main motion, whether in form it appoints a committee to do a certain thing, or refers to a committee some- thing that is not pending at the time. It is not in order if any other motion is pending, and is subject to all the rules applicable to other main motions. The forms of the motion are similar to those given for the subsidiary motion to commit, but they must be adapted to each particular case, as shown on pages 254-255. To Discharge a Committee. It is seldom necessary to make a motion to discharge a committee, because a committee is discharged from the consideration of a subject by the mere act of making its report to the assembly, and cannot thereafter resume its con- sideration unless the assembly recommits the matter. When it is thought advisable to take a matter out of the hands of a committee, the committee should be "discharged" if it is a special commit- tee; it should be "discharged from the further consideration of the subject" if it is a standing committee. [See pages 108-109.] General Remarks on the Motion to Commit. In actual prac- tice a great deal of time can be saved by a tactful chairman in settling the details connected with motions to commit. He can often see when there is no opposition to a suggestion, and instead of taking a vote he can accept it at once. Of course, if any one objects, thus showing that there is opposition, he must put it to vote. But general consent enables all these details to be quickly agreed upon in most cases. The proper size of a committee is dependent upon its duties. A committee for action should always be small and in sympathy with the action to be taken. If a member who is not in favor of the proposed action is appointed on a committee, he should at once ask to be excused and some one else should be appointed in his place. Likewise, if a resolution is referred to a special committee for amendment, and a member is nominated or appointed on it who is opposed to the essential idea of the reso- lution, he should ask to be excused and some one else should be === Page 54 ============================================================ nominated or appointed in his place. One who does not wish to improve the resolution so that it may be adopted cannot honorably serve on a committee appointed for that very purpose. But if the committee is for investigation, or for considering and report- ing upon a subject upon which there may be great difference of opinion, it is important that the committee should be large and be comprised of representative members of the different parties in the assembly. If this is done, the discussion of troublesome and delicate questions may be mostly confined to the committee meet- ings, and both parties will feel confidence in the report, or reports if there is a minority report, because each party has confidence in its representatives on the committee. [The chapters on Com- mittees and Boards, and their reports and action thereon, Part III, should be read in connection with this chapter.] === Page 55 ============================================================ CHAPTER VI MOTIONS TO DEFER ACTION Postpone and Lay on the Table Compared ...................................... 55 Postpone to a Certain Time or Definitely .................................... 57 Postpone as a Main Motion ................................................... 61 Lay on the Table ............................................................ 62 TO POSTPONE TO A CERTAIN TIME AND TO LAY ON THE TABLE COMPARED When it is desired to defer action upon a question that is pend- ing before the assembly, it may be done by either postponing the question to a certain time or laying it on the table. Which of these motions should be used depends upon whether it is wished to set a definite time in the future for the consideration of the question, or whether it is desired to lay the question aside in such a way that the assembly by a majority vote may at any time resume its consideration. In the first case the question is postponed to some definite time, and it cannot be taken up before that time except by suspending the rules by a two-thirds vote, which makes it the safer motion for deferring action for any length of time. In the second case the question is "laid on the table," to be "taken from the table" at a more suitable time, or when a majority chooses to consider it. Its proper parliamentary use is to lay aside a question tem- porarily in order to attend to something more urgent. As soon as the interrupting matter is attended to, the question should be taken from the table, as described on page 106, and properly dis- posed of. Since a question may be taken from the table at any moment and finally disposed of by either its friends or its foes who happen at the time to be in the majority, it is not always safe to leave a question on the table for any length of time. Since laying a question on the table does not interfere with resuming its consideration whenever the assembly wishes to do so, there is no need of debate on the motion to lay on the table. === Page 56 ============================================================ It could not be amended without destroying its essential feature and thus converting it into the motion to postpone to a certain time. Therefore the motion to lay on the table cannot be debated or amended. On the other hand, postponing a question to a fixed time takes the question out of the control of the majority until the specified time arrives. There may be a difference of opinion as to the best time to which to postpone the question, or even as to the expediency of postponing it at all. The motion, there- fore, should be, and is, debatable and amendable. In an ordinary meeting of a society, if a motion that has been postponed to a certain time is not reached when the assembly adjourns, it becomes unfinished business at the next meeting, and is announced by the chair at the proper time. But if a mo- tion is laid on the table it never comes before the assembly until it is voted to take it from the table. The motion to take from the table may be made during the session at which the question was laid on the table, or during the next session in societies with regular meetings as often as quarterly. If the motion is not taken from the table during either of these sessions the situation is the same as if the motion had never been made. It has not been adopted or rejected. When the motion to postpone or to lay on the table is adopted, all pending questions are postponed or go to the table together, and when taken up for consideration they are all in exactly the same condition that they were just previous to being postponed or laid on the table. If on account of lapse of time any pending motion has become absurd, it is ignored. Thus, suppose that when the question is laid on the table the motion to postpone to 2 P. M. is pending, and that the question is not taken from the table until 3 P. M. In this case the motion to postpone is ignored. Orders for the previous question and to limit debate expire with the session, and therefore these motions, if pending, are ignored if not taken up for consideration until the next session. Postponing or laying on the table a motion to amend or rescind anything already adopted, as by-laws, does not carry with it the matter to be amended or rescinded, because such matter has already been adopted and is not pending before the assembly. With this general statement as to the differences between the two motions, they will now be described in detail. === Page 57 ============================================================ POSTPONE TO A CERTAIN TIME, OR DEFINITELY When it is desired to defer action on a pending question to some definite day, or meeting, or hour, or until after a certain event, the proper motion to make is to postpone the question to that day, or meeting, or hour, or until after that event. This motion is referred to as the motion to postpone, the term never being applied to the motion to postpone indefinitely, which is the motion to kill, not to postpone. The debate on this motion is limited to the propriety of the postponement and the suitability of the time. The merits of the question are not open to discussion while the motion to postpone is pending, unless they are essentially involved in the question of the propriety of the postponement. If the motion to postpone is lost the debate is resumed, and if it is voted to postpone the question there will be an opportunity for debate when the question is taken up at the designated time. The motion to postpone may be amended by changing the time, or by making the question a special order for a certain time. While a majority vote may adopt any of these amendments, it requires a two-thirds vote to adopt the motion to postpone when it includes making the question a special order. It would not do to allow a subsidiary motion to be separated from its main motion, and then have one of them postponed to another time, and the other left before the assembly for consider- ation and final action. Therefore, when a question is postponed, all adhering or attached questions go with it. When the specified time arrives and the consideration of the question is resumed, the business is in exactly the same condition it was in immediately before the motion to postpone was made, except that if the question does not come up until the next session it is divested of motions limiting or closing debate. Chart I, page 548, shows that to postpone outranks the motion to postpone indefinitely, to amend, and to commit the main mo- tion; that is, when any of them is the immediately pending motion it is in order to move to postpone the pending questions. If the division of the question or the method of consideration of the question is immediately pending, though they are incidental ques- tions, it is in order to move to postpone the main question, and if === Page 58 ============================================================ adopted these motions are postponed also, just as in case of sub- sidiaries. An appeal from the decision of the chair may be postponed, but if the appeal adheres to the main question in such a way that action on one may affect the other, then they are both postponed to be considered at the designated time. Thus, if an appeal from the decision of the chair as to an amendment's being germane is postponed, it would be manifestly improper to proceed with the consideration of the amendment or the main question and take final action upon it, and then afterward to take up the appeal and perhaps reverse the decision of the chair. In such a case the only proper thing to do is to postpone all the questions together and then to decide the appeal first, and afterward to take up the other questions and act in accordance with the decision of the assembly. Therefore, if the appeal is postponed the main question is postponed with it. But the appeal may be from a decision that does not affect the main question, in which case the appeal may be postponed by itself and then the consideration of the main question is resumed. As previously stated, subsidiary motions cannot be postponed alone. If the motion to postpone is adopted when a subsidiary mo- tion is immediately pending, then all the pending questions are postponed to the designated time. No privileged or incidental motion can be postponed except an appeal, but a question of privilege or an order of the day when actually before the assembly for consideration is treated as a main motion and can be postponed or have any other subsidiary motion applied to it. The incidental motion to divide a question or to consider a question by para- graph, or otherwise, adheres to the main motion just as a subsidiary does and is postponed with the main motion. While the motion to postpone is immediately pending, it is in order to make any privileged or incidental motion that the oc- casion may demand, and to make the subsidiary motions to lay on the table, the previous question, to limit debate, and to amend the motion to postpone, and also to make the motion to reconsider. As soon as the vote is taken on the interrupting question, the consideration of the motion to postpone is resumed, unless it is prevented by the action taken on the interrupting question. In specifying the time to which it is proposed to postpone a question, whether it is in the original motion to postpone, or in the amendment to it, it is necessary that the time should fall === Page 59 ============================================================ within the present or the next business session. In societies having frequent meetings of a religious, literary, scientific, or social na- ture, at which business may be transacted, and also having regular business meetings monthly or quarterly, a question may be post- poned to the next regular monthly or quarterly business meeting, provided the question is not of such a nature as to require earlier attention. In organizations of the kind just referred to, no im- portant business that can be delayed without injury should be transacted at any meeting except at the regular monthly or quarterly business meeting. Where societies have regular business meetings, even though as frequently as weekly, it is not allowed to postpone a question beyond the next business meeting, and thereby to put it out of the power of a majority to consider the question at that meeting. If it were permitted to postpone a question beyond the next regular business meeting, say for a year, a minority, while temporarily in power, might introduce measures favored by their opponents and postpone them for a year, and thus prevent their being considered as long as there were less than two thirds in favor of them. No resolution is in order while one cover- ing practically the same ground is under the control of the assembly and not finally disposed of, that is, is in the hands of a committee, or has been postponed, or laid on the table. If it is desired to consider the question at a time that does not fall within any of the regular sessions provided for, it is nec- essary first to vote that, when the assembly adjourns, it adjourn to meet at the desired time. As this motion, to fix the time for holding an adjourned meeting, is one of the highest privilege, it may be made when any other motion is pending. After its adoption, the adjourned meeting being provided for, it is in order to move to postpone the question to this meeting. The fact that a question cannot be postponed beyond the next regular business meeting does not prevent an agreement or understanding among the leaders that it will not be considered until a certain time in the future, and then it may be postponed from meeting to meeting until the time agreed upon arrives. While such agreements are morally binding on the parties who make them, they cannot be enforced by the chair, and they do not prevent the assembly at any session from acting upon the postponed question if a majority chooses to do so. The time to which a question is postponed must not be such === Page 60 ============================================================ as to make the motion unreasonable or absurd. Thus, a resolution requiring something to be done at a certain time cannot be post- poned to a time later than that specified. The effect of such a motion if adopted is to kill the resolution, not to postpone it until a more suitable time. An amendment that has a similar effect is also out of order. No question can be postponed to another time so that it will interfere with one previously postponed, unless by a two-thirds vote it is made a special order. Thus, after a question has been postponed to 3 P. M., a motion to postpone another question to a time that would obviously interfere with that order is out of order, while one to postpone it to 2 P. M. or even to 3 P. M. would be in order, because they would not interfere with the question previously postponed to 3 P. M. Any number of questions may be postponed to the same hour, in which case they are taken up in the order in which they were postponed, as explained on page 133. If it is desired to consider a question before the time prescribed by the program or order of business, it cannot be done by post- poning or by laying on the table all of the previous business by a single vote. Each item of business may be postponed, or laid on the table, or otherwise disposed of, by a majority vote after it has been stated by the chair. But a subsidiary motion cannot be made until the main motion to which it is subsidiary is actually pending. If two thirds of the assembly wish to take up a question out of its proper order they can do so by suspending the rules. Thus, if a motion is made to postpone the hearing of the reports of com- mittees, the chair must rule the motion out of order, but at the same time he should state that the proper motion is "to suspend the rules and take up such and such a question." [See page 145.] This latter motion should be used whenever it is desired to take up a question out of its proper order, whether this order is due to an order of business, or a program or ritual, or to the fact that the question had been postponed to a certain time. It requires a two-thirds vote for its adoption because, having decided upon a time for the consideration of the question, interested members have a right to make their plans accordingly so as to be present and prepared at that time. This could scarcely be done with safety if the question could be taken up previously by a majority vote. Yet, as experience has shown, it is advisable to allow the assembly by a two-thirds vote to suspend the rules for certain purposes, so === Page 61 ============================================================ it has been found best to allow a question by a two-thirds vote to be taken up before the time appointed for its consideration. On the day the vote to postpone is taken, or on the next succeeding day, it is in order to reconsider the vote on the postponement, as shown under Reconsider, page 88. The subsidiary motion to postpone means "to postpone the consideration of the pending questions." Suppose there is pend- ing a motion to have an excursion on September 3, and it is moved "to postpone the excursion to September 15." Such a motion is out of order, as it does not propose to postpone the consideration of the question but to modify it. It is an amendment and not the subsidiary motion to postpone, and should have been made thus: "I move to amend by striking out '3' and inserting '15.'" The form of this motion is, "I move to postpone the question," or, "I move that the question be postponed," to, or until, the desired time, day, or meeting, or until after a specified time. When a question is postponed it becomes a general order for the specified time. The motion to postpone may have added to it the words, "and be made a special order," or it may be made in this form: "I move that the question be postponed and made a special order for" the desired time. If this is adopted by a two-thirds vote the question becomes a special order for the time specified. [See Special Orders, pages 134-136.] When the hour arrives to which a question that has not been made a special order has been postponed, it cannot interrupt the question then under consideration, but as soon as that question has been disposed of, it has the right of way over everything that was not assigned before it to the same or an earlier hour, or has not been made a special order. Even if a member has obtained the floor and has made a motion, provided it has not been stated by the chair, any member may call for the orders of the day, and the chair must announce the question that was postponed to that time. Or, if he doubts the wish of the assembly to take up the orders, he may state that the orders of the day are called for, and then put the question, "Will the assembly proceed to the orders of the day?" If the vote is in the affirmative, the orders of the day are taken up in their proper order, as described in the chapter on that subject, page 133, which should be read in connection with this one. Postpone as a Main Motion. Sometimes it is desired to postpone === Page 62 ============================================================ something that is not pending before the assembly. In such a case the motion to postpone is a main motion, not a subsidiary one. A subsidiary motion can be used only when there is a motion pending to which it is subsidiary. The main motion to postpone cannot be made if any other motion is pending. The following are illustrations of the use of the main motion to postpone: (1) When a committee notifies the assembly that it is prepared to report, and the assembly wishes to postpone hearing the report until another time, since there is no question pending, the motion appointing the time for hearing the report is a main motion. The motion could be "to postpone the reception of [or receiving or hearing] the report until 4 P.M."; or "that the report be received [or heard] at 4 P.M." If either of these motions is adopted the committee's report becomes the order for 4 P.M., and at that hour is announced by the chair unless a question is then pending, in which case it is announced as soon as pending business is disposed of. The reception of the committee's report could be postponed by using any of the other forms of the motion to postpone. (2) If a society has decided to have an excursion on September 4 and at a later meeting wishes to postpone it to September 15, it can be done by adopting a main motion "to postpone the excursion to September 15," or by rescinding the vote on having the excursion and then adopting a new motion on the subject. Since this changes action previously taken by the society, it requires for its adoption a two-thirds vote or a vote of a majority of the membership, unless previous notice has been given. LAY ON THE TABLE. When it is desired to suspend the consideration of a question to attend to something more urgent, and yet to retain the right to resume its consideration whenever the assembly pleases, the proper motion to make is "to lay the question on the table." On account of the importance of this motion, and because when legitimately used it does not finally dispose of the question or even injure it, but only immediately stops debate and amendment and lays the question aside temporarily, it is allowed to have the highest rank of all subsidiary motions, and is undebatable and unamend- able and requires only a majority vote for its adoption. It is a principle of parliamentary law that a deliberative as- sembly cannot be compelled to take final action on a proposition === Page 63 ============================================================ without full debate, except by a two-thirds vote. On this principle, a two-thirds vote is required for ordering the previous question, that is, closing debate now; and on closing debate at a future time, or in any other way limiting the right of debate. When the motion to lay on the table is used to suppress a question, it is equivalent to a combination of the motions to postpone indefinitely and the previous question with the high rank of the latter, and therefore it should require the same vote as the previous question, namely two thirds, for its adoption. In all ordinary societies the previous question alone, or it and postpone indefinitely, should be used for immediately suppressing a question, and the motion to lay on the table should be reserved for its important and legitimate use. In any society where members persist in using this motion to kill the question, a rule should be adopted requiring a two- thirds vote to lay a question on the table. Even after an assembly has ordered the previous question, or that the debate close and the vote be taken at a certain hour, it is in order for a mere ma- jority to lay on the table the questions that have not been disposed of, and thus be able to attend to urgent business. It does not seem reasonable to insist upon a two-thirds vote to stop or to limit the debate and yet allow a bare majority to kill the measure without any debate. So important is it for the assembly to have the power by a mere majority vote to lay aside a question temporarily, that if this motion is lost it may be made again and again the same day, provided there has been material progress in debate, or a change in the condition of the pending business since it was last moved or there is some urgent business requiring immediate attention. The change in the business or the progress in debate must be sufficient to make it practically a new question whether the assembly will now lay the pending proposition on the table. A motion to adjourn made and lost is not sufficient business to justify the renewal of the motion to lay on the table, but taking a vote on adopting an amendment is sufficient, because many may have been opposed to laying the question on the table before, who would favor it now after the amendment has been disposed of. The chair must be careful that this high privilege is not taken ad- vantage of to obstruct business. As shown under Dilatory Motions, page 177, whenever it is apparent that the motion is being used for obstructive purposes, the chair should decline to recognize === Page 64 ============================================================ it. For instance, if the assembly by an overwhelming vote has twice declined to lay a question on the table, the chair should not again recognize the motion while that question is pending, unless something very important has occurred in the meantime that makes it doubtful whether the assembly is not now ready to lay the question aside. A debatable appeal is the only incidental motion that may be laid on the table, and if it is of such a nature that its decision does not affect the main question it does not adhere to that question, and laying it on the table does not carry with it the main question. To illustrate: While a resolution is before the assembly a member interrupts, claiming that a certain matter is a question of privilege; the chair decides against him, and from this decision he appeals, and the appeal is laid on the table. The appeal may afterward be taken from the table and the chair's ruling sustained or reversed, but in neither case would the decision affect the main question that was pending at the time the ruling and appeal were made. In such a case, when the appeal is laid on the table the consideration of the interrupted question is resumed. But if an amendment is ruled out of order and an appeal is taken and that is laid on the table, the main question would go there too, because if the appeal is afterward taken from the table and the chair's decision reversed, it might very materially affect the result. The motion to lay on the table, since it cuts off all debate on the appeal, prevents a discussion that might change the opinions of many as to the cor- rectness of the ruling. All main motions may be laid on the table, and when one is laid on the table it takes with it all adhering motions. Nothing would be gained by allowing the privileged motions [Chart I, page 548] to be laid on the table. After a question of privilege or an order of the day, however, has been actually taken up for consideration, it can be laid on the table, and if this is done the chair immediately announces whatever business was pend- ing, or was then in order, when the question of privilege was raised or the orders of the day were called for. Neither the motion to lay on the table nor to take from the table can be reconsidered, because if the motion to lay on the table fails it may be repeated whenever there is any probability of its being adopted, and if it succeeds the question can be taken from the table as soon as the interrupting subject is disposed of. === Page 65 ============================================================ Even after the ordering of the previous question up to the moment of taking the last vote under the order, the questions not yet disposed of may be laid on the table. When taken from the table at the same session they would still be under the order for the previous question and could therefore be neither debated nor amended. If not taken from the table until the next session, the previous question is exhausted and the debate may be resumed. It is not in order to lay on the table a class of questions, such as reports of committees. Only a single report or main question and what adheres to it can be laid on the table by one vote. If it is desired to reach a question out of its order and the friends of the measure command a two-thirds vote, they should move to suspend the rules and take up the desired question. If they cannot command a two-thirds vote their only recourse is to lay on the table the intervening questions one by one as they come up. But usually this can be, and is, arranged by unanimous consent. If desired, and no one objects, any class of business or any particular question may be taken up at any time out of its order, and as soon as it is disposed of the regular order of business is resumed. Or sometimes, as a question or class of business is reached, it is suggested that it be "passed over," and if no one objects the chair announces the next question or class of business, and as soon as it is disposed of, the assembly returns to the one that by general consent has been passed over. When a question has been laid on the table it remains there, unless taken up, until the end of the session; and, in the case of organizations with regular meetings as frequent as quarterly, it remains on the table until the close of the next regular business session. As long as it is on the table no motion or resolution is in order, the adoption of which would interfere with its adoption should it be taken from the table. The proper course is to take the question from the table and then move to amend it by substi- tuting the new resolution for the old one. Perhaps no motion, except to adjourn, is more frequently made in such a way that it should not be recognized by the chair. It is often made while rising by calling out, "Mr. Chairman, I move to lay it on the table," without waiting for recognition by the chair. Any one after that can claim the floor and debate the question, as the maker of the motion did not have the floor and was therefore out of order in making his motion. Again, it is === Page 66 ============================================================ frequently made before the mover of the main motion has had an opportunity to claim the floor to debate his motion, although until he has had a reasonable opportunity to claim the floor no one else has a right to it. The very high privilege given this motion, and the temptation to take an improper advantage of this privi- lege, makes it incumbent on the chair to protect the minority as far as possible in their legitimate right to debate questions before they are finally disposed of, and he should therefore be very particular to allow this motion to be made only by one who is entitled to the floor and has obtained it. The form of this motion is, "To lay the question [or resolution, or pending questions] on the table"; or, "That the question [or resolution, or pending questions] be laid [or lie] on the table." The motion must not be qualified in any way, but the member when making it may state at what time he proposes to move that it be taken from the table. This does not prevent any one else from making the motion to take the question from the table at an earlier time. Its high privilege is given the motion to lay on the table only in consideration of the fact that it places the question on the table at the pleasure of the assembly. If the motion is made with a qualification, instead of ruling it out of order, the chair should state it properly. Thus, if the motion is made to lay the question on the table until 4 P.M., the chair should state the question as being on the motion to postpone the question to 4 P.M. === Page 67 ============================================================ CHAPTER VII MOTIONS AFFECTING THE LIMITS OF DEBATE Closing or Limiting Debate .................................................. 67 Previous Question ........................................................... 70 Reconsideration of the Previous Question and Votes Taken Under It ......... 72 Exhaustion of the Previous Question ....................................... 73 Limit or Extend Limits of Debate ............................................ 74 CLOSING OR LIMITING DEBATE The right of debate is inherent in the conception of a deliber- ative assembly. The very name deliberative carries with it the idea that the assembly is for the purpose of deliberating on, that is, debating, questions before taking final action upon them. So important was this right of debate considered that the old common parliamentary law made all motions debatable, and placed no curb on the length of the debate, except that each member was per- mitted to speak in debate only once on every question, that he could not read any part of his speech without permission of the assembly, and that he must confine his speech to the pending question, and must not waste time with repetitions or frivolous remarks. It has been found that advantage will be taken of such priv- ileges by small minorities to block all business and prevent the adoption of measures favored by the great majority of the assembly. Consequently the common parliamentary law of the present day makes all questions of high privilege undebatable, and allows the right of debate on any motion to be suspended by a two-thirds vote, the vote required for suspending the rules. If two thirds of the assembly have made up their minds on a question, so that they wish to limit the debate in any way, or to stop it altogether and immediately put the question to vote, it is only fair to allow them to do so, as under such circumstances there is little hope that fuller debate will change enough votes to enable the minority to become the majority. It would not, however, be for the best interests of the assembly to allow a bare majority to limit or close === Page 68 ============================================================ debate, as this power could be used to prevent the minority from discussing any question the majority wishes adopted, or suppressed, without debate, even though the majority has but one more vote than the minority. This would destroy the deliberative character of the assembly. Therefore debate should not be closed or limited by a majority vote, but it should be allowed to be done by a two- thirds vote, and this is the common parliamentary law in this country to-day. There are assemblies, like the U. S. House of Representatives, that have such an enormous amount of business that debate must be relegated to committees, and a majority must have the power to limit or close debate in the House. With as many as four hun- dred members having the right to speak one hour each on every debatable question, it would be impracticable to transact business, when the opposing parties are nearly equal, unless the majority could limit or close the debate. So incompatible is this, however, with the idea of a deliberative assembly that, although Congress allows a majority to suppress a question without debate by the use of the motion to lay on the table, it does not allow a majority to adopt a measure without opportunity for forty minutes' debate, twenty minutes on each side. It accomplishes these objects by adopting a rule requiring a two-thirds vote to take a question from the table, and then using the motion to lay on the table for the purpose of suppressing the question; and by adopting other rules allowing a majority to order the previous question, and, after it has been ordered, allowing forty minutes' debate, twenty minutes in favor of and twenty minutes in opposition to the proposition, unless the proposition has been previously debated. By means of these rules a proposition or main question may be suppressed instantly by a majority vote without debate, or adopted with only twenty minutes' debate on each side. These rules, or at least rules with a similar effect, seem necessary to enable Congress to transact its business, but they are simply rules of the House and are not adapted to ordinary assemblies. Organizations with more business than they can transact under the ordinary rules should adopt some such special rules that will enable them to attend to their important business during the limited time at their disposal. [See page 366.] When debate has been closed or limited on any motion, until the vote is taken on that motion, the debate is equally closed or === Page 69 ============================================================ limited on any debatable motion that may for the time being supersede it. Thus, if a resolution and its amendment are pending, and debate on the amendment is ordered to be closed or limited, the order to close or limit debate would apply to a debatable appeal from a decision of the chair made before the vote was taken on the amendment. The same would be true in regard to the motion to reconsider, and the question reconsidered, made under similar circumstances. Privileged motions are undebatable, but when the question of privilege (which is one of the privileged motions [see Chart I, page 548] ) or an order of the day is actually before the assembly, it is treated as a main motion and is debatable. The prohibition of debate, in the case of these two privileged motions, applies only to the question as to whether the privileged motion shall be allowed to interrupt the pending business. When such a privileged question interrupts and supersedes a question upon which debate has been closed or limited, the order closing or limiting debate does not apply to the interrupting question. The latter, the interrupting question, is privileged to interrupt unprivileged questions, without in any way being affected by them. The motions to close or limit debate outrank all the subsidiary motions except to lay on the table, to which they yield, as shown by Chart I. They cannot be laid on the table alone, but they go to the table with the main motion when it is laid on the table. An order closing or limiting debate is in force only for the session during which it was adopted. If the question upon which it was ordered is brought before the assembly at a future session, it is divested of the order closing or limiting debate, and is open to debate the same as if the order had never been adopted. The same is true if the question is referred to a committee, even though the committee reports at the same session. The reasons for wish- ing the debate closed or limited do not usually apply to the next session, nor to the question after the committee has made its report. Besides, the members present at the next session should not have their privilege of debate limited without their consent. In addition to these rules that apply equally to all motions closing or limiting debate, there are given below additional rules that apply only to a motion closing debate now, called the Previous Question, and those that apply only to a motion limiting or extend- ing the limits of debate. === Page 70 ============================================================ PREVIOUS QUESTION When an assembly is wearied with a debate it often gives expression to its feeling by calls of "Question." If no one has the floor or rises to speak, the chair usually accepts this as indicat- ing that the debate has closed and asks, "Are you ready for the question?" And then, if no one claims the floor, he proceeds to put the question. If a member has the floor or rises to speak, such calls are discourteous and out of order, and should be instantly suppressed by the chair the same as any other disorderly conduct. If a debatable question is immediately pending and a large ma- jority of the assembly is desirous of closing the debate and at once proceeding to vote, the proper course to pursue is to move the Previous Question. The Previous Question is the name given to the motion "To close debate now, stop further motion to amend, and proceed to voting on the immediately pending question and such others as are specified." It may be moved on any debatable motion that is immediately pending, and it may be moved even after the assembly has ordered debate to be closed at a future time. It is undebatable and cannot be amended, although, as shown below, an effect similar to amendment, by changing the motions on which it is proposed to be ordered, can be produced in another way. The forms of the motion to close debate now are as follows: "I move [or demand, or call for] the previous question," in which case it applies only to the immediately pending question; or, "I move the previous question on the pending amendment [or amendments]," in which case it applies only to the pending amendment or amendments as specified; or, "I move the previous question on the motion to commit and its amendments"; or, "I move the previous question on all pending questions," in which case it applies to all the pending motions. While this motion can- not be amended, yet when made in one of these forms any one can move the previous question in one of the other forms, and the vote is taken first on the one covering the largest number of ques- tions, and, if that is lost on account of failure to receive a two- thirds vote then the vote is taken on the motion covering the next smaller number of questions. After the previous question has been moved and seconded, no subsidiary motion, except to lay on the table, is in order until it === Page 71 ============================================================ is rejected or its effect exhausted as shown hereafter. During this time the questions not yet voted on may be laid on the table, or a privileged or incidental motion may be made. Putting the Question. Since no subsidiary motion, except to lay on the table, is in order after the previous question has been moved, and since it is undebatable, the chair should immediately state and put the question thus: "The previous question is moved and seconded [or demanded, or called for] on the pending amend- ment [or such other motion or motions as were specified]. As many as are in favor of ordering the previous question on [specify the motions] will rise." If the number rising is such that the chair is sure of the result, he directs those standing to be seated. If he is not sure as to the result of the vote, he counts, or causes to be counted, those standing and then directs them to be seated, after which he continues, saying, "Those opposed will rise." He treats the negative vote in the same way, and then if the vote has been counted he announces it thus: "There are 80 votes in the affirmative and 40 in the negative [or, 80 in favor of and 40 opposed to the motion]. There being two thirds in the affirmative [or, in favor of the motion], the affirmative has it and the previous question is ordered on the amendment [describe it]. As many as are in favor of the amendment say 'Aye.' Those opposed say 'No.' The ayes have it and the amendment is adopted. The ques- tion is now on the resolution as amended, which is, 'Resolved, That, etc.' [read the amended resolution]. Are you ready for the question?" The resolution is now open to further debate and amendment, since in the supposed case the previous question was ordered only on the amendment. If the affirmative vote is 79 instead of 80 the vote is announced thus: "There are 79 in the affirmative [or, in favor of the motion] and 40 in the negative [or opposed]. There being less than two thirds in the affirmative [or, in favor of the motion], the negative has it and the motion is lost. The question is now on the amendment [state it]. Are you ready for the question?" In case the assembly is not familiar with the previous question, it is well for the chair before taking the vote on ordering it to state that it requires a two-thirds vote for its adoption, and he should also say exactly what its effect will be if adopted. Suppose the previous question is ordered on all pending ques- tions when there is pending a series of motions consisting of a === Page 72 ============================================================ resolution with an amendment, the motion to commit with an amendment, and the motion to postpone to a certain time. In this case the vote is instantly taken on the postponement; and, if that is lost, next on the amendment to the motion to commit, and then on commit; and, if that is lost, the vote is taken on the amendment and finally on the resolution. If the motion to postpone is adopted, all the remaining questions of the series are postponed to the designated time. If that time is during the same session and the questions are again taken up, there can be no debate upon them because the order closing the debate is still in force. But if the postponement is to another session, then when taken up the ques- tions are debatable and amendable, as the effect of the previous question is exhausted at the close of the session at which it was ordered. If the motion to postpone is lost and the motion to commit is adopted, the resolution and its amendment go to the committee and the previous question is exhausted. When the com- mittee reports back the resolution and its amendment, even if it is at the same meeting, they are free from the previous question and are open to debate and amendment, as the reasons for closing debate previously do not apply to the questions when they come from a committee. Since the preamble cannot be considered until after the debate and amendment of the resolution have ended, it follows that if the previous question is ordered on a resolution before its preamble has been considered, the previous question does not apply to the preamble, and the chair immediately asks if there are any amend- ments to the preamble. When the debate and amendment of the preamble are finished, the chair puts the question upon the reso- lution, including the preamble. Reconsideration of the Previous Question and Votes Taken Under It. The vote on the previous question may be reconsidered, provided that no vote has been taken on a pending question since the previous question was ordered. As the previous question can be neither debated nor amended, no one would vote for recon- sidering a vote on it except for the purpose of voting to reverse the vote. Hence, instead of voting first on the reconsideration and then on the previous question, it is usual to vote only on the reconsideration, and if that is carried it is considered as also reversing the vote on the previous question, and the chair an- nounces the result accordingly. Thus, if an affirmative vote on === Page 73 ============================================================ the previous question is to be reconsidered, the chair puts the question thus: "It has been moved and seconded to reconsider the vote ordering the previous question. As many as are in favor of reconsidering the vote say 'Aye'; those opposed say 'No'; the ayes have it and the vote ordering the previous question is recon- sidered. The question is now on the resolution [state the pending question]. Are you ready for the question?" If the noes are in the majority the chair announces the vote thus: "The noes have it and the motion to reconsider is lost. The question is on the resolution. As many as are in favor, etc." As the previous ques- tion had been ordered on the resolution, the chair does not ask if the assembly is ready for the question, but immediately puts it. After debate has been closed and votes taken on one or more of the pending questions, it is in order to reconsider these votes, but not the previous question. Under the same circumstances it is also in order to reconsider votes on amendments, and other motions subsidiary to the main motion that were voted on before the previ- ous question was ordered. If the reconsideration is moved before the previous question is exhausted, as explained below, it is unde- batable and the questions reconsidered are undebatable, because the previous question is still in force. But if all the questions on which the previous question was ordered have been voted upon before the reconsideration is moved, then, the previous question being exhausted, the reconsideration and the motions reconsidered are relieved from the previous question and are debatable and amendable the same as if the previous question had never been ordered. Exhaustion of the Previous Question. The previous question is said to be exhausted when every question upon which it was ordered has been voted on, or those not voted on have been re- ferred to a committee, or postponed indefinitely, or else the session at which the previous question was ordered has ended. If any of the questions on which the previous question was ordered are laid on the table or postponed definitely, the previous question is not exhausted until the close of the session. If they are taken up again during the same session they are still undebatable and unamend- able. Thus, if the previous question is ordered on an amendment, as soon as the vote is taken on the amendment the previous ques- tion is exhausted, and then everything is treated exactly as if the previous question had never been ordered. If, later, it is moved === Page 74 ============================================================ to reconsider the vote on that amendment, the motion to recon- sider and the amendment are both debatable, and the amendment is open to amendment. If, however, the previous question is ordered on both the amendment and the resolution, the previous question is not exhausted until the resolution itself is voted on. Therefore, if, previous to voting on the resolution, it is moved to reconsider the vote on the amendment, the reconsideration and the amendment are both undebatable, and the amendment is not open to amendment, because the previous question is still in force, being only partially executed. When the previous question is exhausted the condition of the business is the same as if it had never been ordered. Any motions that are made afterward are treated the same as they would be if the debate had never been closed. If the previous question is lost, it may be renewed after suffi- cient progress in debate or business to make it practically a new question. In organizations having a rule allowing a smaller number than one third to order a vote to be taken by yeas and nays (by roll- call), the previous question may sometimes be used to advantage in stopping the making of motions to amend an undebatable motion. A great deal of time is consumed in voting by roll-call, and a minority might waste much time if there were no way to stop their offering amendments and then demanding a vote by roll-call. On this account the previous question can be ordered on any amendable motion, even if it is undebatable. In ordinary societies a majority vote is required to order a vote taken by roll- call, and this could not be obtained if two thirds, the number necessary to order the previous question, were opposed to the roll-call. Therefore there is no use for the previous question in an ordinary assembly except when the immediately pending ques- tion is debatable. TO LIMIT OR EXTEND LIMITS OF DEBATE(1) According to the old common parliamentary law, when a mem- ber obtained the floor he was entitled to it as long as he was able to speak on the pending debatable question. But this rule is so unreasonable that it has generally been abandoned, and in mass meetings, and in ordinary societies with no rules to the contrary, it is now generally accepted that no member can speak more than -------------------------------------------------------------------------------- (1) This should be read in connection with pages 183-184. === Page 75 ============================================================ twice on the same question, nor longer than ten minutes at a time. But, while this may be best as a general rule until the assembly adopts a rule of its own on the subject, still there are times when it is desirable to cut down the speeches in number or length, or to specify the length of debate or when the debate shall close, or to allow longer speeches or more of them than are allowed by the rules. The motions to produce these results are of the nature of a motion to suspend the rules relating to the number and length of speeches allowed in debate, and therefore, like the motion to suspend the rules, they are undebatable and require a two-thirds vote for their adoption. They are in order whenever the immedi- ately pending question is debatable, and they apply to it and such other pending motions as are specified in the motion to limit or extend the limits of debate. Therefore these motions, like the previous question, should always designate the motions upon which the debate is to be limited or extended. The limitation of debate applies also to all debatable sub- sidiary motions, to a debatable appeal, and to the motion to recon- sider, which are made while the limitation is in force, whereas an extension of debate applies only to the motion or speech specified in the order. This is the only difference in the rules applicable to motions limiting debate and those extending the limits of debate. The reason for this difference is that the object of limiting debate on a question is to enable the assembly to dispose of that question quickly, and therefore the restrictions on the debate should apply with equal force to interrupting questions; but an extension of the limits of debate is made usually for the purpose of giving a single speaker more time, or of enabling a particular question to be more thoroughly discussed, and it does not follow that more liberty should be given to the discussion or interrupting questions. Motions affecting the limits of debate may be made in any of the following or similar forms: "That debate be closed, and all pending questions be put at 9 P. M."; or, "That debate on the pending resolution or any subsidiary motions that may be pro- posed, be limited to one hour, at the close of which the questions shall be put on all motions then pending"; or, "That debate on the pending resolution and its amendments be limited to one speech of three minutes from each member who has not already spoken on the question"; or, "That Mr. A's time be extended five minutes"; or, "That the time for debate of the resolution be === Page 76 ============================================================ extended, and that the question be put at 4 P. M."; or, "That, in the debate on the pending resolution, Mr. A and Mr. B be allowed fifteen minutes each, to be divided at their pleasure between their two speeches, and that all other members be limited to one speech of five minutes, and that on any amendment proposed no member shall speak more than once nor longer than one minute"; or, "That general debate on the pending resolution be limited to forty minutes, no member speaking more than once or longer than five minutes, after which each member shall be allowed to offer one amendment, the debate upon which shall be limited to one speech of three minutes in favor of, and the same in opposition to, the amendment." These examples are sufficient to show how an assembly may limit the debate to suit the circumstances of the case. A motion limiting or extending the limits of debate may be amended by changing the limitations, and any of the forms of the motion may be amended by adding any of the others. While this motion is pending, the main question may be laid on the table, taking with it the motion limiting or extending the debate; or, the previous question may be ordered, these two subsidiaries being of higher rank, as shown by Chart I, page 458. While a motion limiting debate is pending, any privileged or incidental motion that the occasion demands is in order. While an order limiting or extending the limits of debate is in force, any motion may be made that could be made if this order had not been adopted, except that when a definite length of time for the debate has been adopted, or an hour has been appointed when it shall close and the question be put, neither the motion to refer to a committee nor one to postpone definitely can be made before the vote on the order has been reconsidered and reversed. The reason for this is that appointing a time for closing debate implies that at that time the question will be voted on, and therefore, after adopting such an order, postponing the question or referring it to a committee conflicts with action pre- viously taken by the society at the same session. If a motion has been adopted closing debate at 3 P. M., it is in order any time previous to 3 P. M. to move to extend the time for closing debate to 4 P. M.; or, to close debate at 2 P. M.; or, to limit the number and length of speeches. So, while an order is in force limiting the number and length of speeches it is allowable to make a motion limiting the number and length of speeches differently === Page 77 ============================================================ or to move that debate be closed at a certain hour. Since these motions are in the nature of a suspension of the rules and require a two-thirds vote, they can be made without reconsidering an order already adopted even when they conflict with that order. If debate has been ordered to close at a certain time, and before that time arrives the pending question is laid on the table, and is taken up at the same session but not until after the hour for closing the debate has passed, all debate is cut off just as if the previous question had been ordered. If it is desired to prevent this, some one who has voted in favor of closing debate should move to reconsider the vote ordering the debate to be closed, or move to extend the time for closing debate. As stated previously, an order limiting or extending the limits of debate is in force only during the session at which it was adopted. The members attending one session of a society cannot dictate to those attending the next session in regard to a particular debate. If some of the questions on which debate was limited or extended are not finally acted upon until another session, they are then under the regular rules of debate, the same as if the order had never been adopted. The same is true of the questions if they have been referred to a committee and are reported back during the same session. But if the questions are laid on the table or postponed to a time within the session and are again taken up during the session, then the order limiting or extend- ing the limits of debate is in force. When the final votes have been taken on all the questions upon which debate was ordered to be limited or extended, then the order is exhausted, and if any one of these votes is reconsidered it is free from the order and is open to regular debate. The order limiting or extending the limits of debate may be reconsidered any time before its exhaustion, that is, while it is still in force, even though the order has been partially executed. In this it differs from the previous question, which, as previously stated, cannot be reconsidered after the order closing debate has been partially executed. Since the motion to limit or extend the limits of debate is undebatable, the motion to reconsider the vote on it is also undebatable. After all the questions upon which the debate has been limited or extended are voted on, the motion limiting or extending debate is exhausted, so that, if these votes are reconsidered they are open to debate the same as if === Page 78 ============================================================ the previous debate had not been restricted or extended. If the motion to reconsider is made while the restriction of the debate is still in force, then the restriction applies also to the debate on the reconsideration and the motion to be reconsidered. The Main Motion to Limit Debate. The motion to limit debate is a subsidiary motion of high rank, as a main motion is pend- ing when it is made. But sometimes, especially in conventions, it is desired to limit debate for the entire session. Such a motion is a main motion and can be introduced only when no motion is pending. As a main motion it can be debated, amended, etc., the same as any other main motion. But since it interferes with the freedom of discussion as much as the subsidiary motion to limit debate, it requires the same vote for its adoption, namely, two thirds. === Page 79 ============================================================ CHAPTER VIII MOTIONS TO BRING A QUESTION AGAIN BEFORE THE ASSEMBLY Principles Involved ......................................................... 79 Questions Temporarily Disposed of ........................................... 80 Take a Question from the Table ............................................ 80 Take up a Question Out of its Proper Order ................................ 81 Discharge a Committee ..................................................... 82 Questions Finally Disposed of ............................................... 82 Reconsider ................................................................ 82 Rescind ................................................................... 84 Reconsider and Rescind Compared ........................................... 84 Amend a Resolution or Rule Previously Adopted ............................. 85 Renewing a Motion ......................................................... 86 PRINCIPLES INVOLVED. An assembly, having expressed its will upon a question, should not be annoyed by having what is practically the same question brought before it again before anything has occurred to change the opinion of its members. At another session other members may be present and they may hold different views on the subject, but it would be intolerable to permit the defeated members to renew their motion, or to introduce a similar one, during the same session. It is therefore one of the principles of parliamentary law that when an assembly has decided a question, it is not per- missible during the same session, unless a voter on the winning side has changed his mind, to introduce the same question, or one so similar that the action in the two cases would naturally be the same. It is also an established rule that no question can be introduced that is so similar to one already introduced in the assembly and only temporarily disposed of (by being laid on the table, or postponed, or committed) that the adoption of the new motion would interfere with the freedom of the assembly in deal- ing with the previous motion when it comes before the assembly again. Another principle of parliamentary law is that an assembly has a right by a two-thirds vote to suspend any rule of parlia- mentary procedure that does not protect absentees or a minority === Page 80 ============================================================ smaller than one third. These principles taken together give to members the greatest freedom for introducing and discussing questions that is compatible with the best interests of the entire assembly. In again bringing up questions that have been decided by the assembly, a distinction must be made between those that have been temporarily, and those that have been permanently, dis- posed of. QUESTIONS TEMPORARILY DISPOSED OF Questions are temporarily disposed of by being Laid on the Table, or Postponed to a Certain Time, or Referred to a Com- mittee. Questions so disposed of are again brought before the assembly by Taking them from the Table, or Taking them up Out of their Proper Order or before the proper time, or by Dis- charging the Committee from their further consideration. When a question is temporarily disposed of, it is still under the control of the assembly, and no question is in order that is identical with it, or that might interfere with it, as explained above. For ex- ample, if a resolution providing for an excursion on June 7 has been laid on the table, or postponed, or referred to a com- mittee, it would be out of order to move to have a picnic June 7, or to have an excursion June 5. The adoption of either of these motions might interfere seriously with the motion previously in- troduced, when it comes before the assembly again. To attain either of these objects the original resolution must be brought back and amended. Take a Question from the Table. A question laid on the table is absolutely at the disposal of the majority of the assembly after the business for which it was laid on the table is transacted. If afterward the motion to take the question from the table is made when business of the same class, or unfinished or new busi- ness, is in order, it must be recognized in preference to another main motion that has been made but has not yet been stated by the chair. It may be made by any member regardless of how he voted on the motion to lay the question on the table. If a majority wish to take a question from the table while another question is pending, they can do so after laying the pending question on the table. Like the motion to lay on the table, it is undebatable and unamendable, and requires only a majority vote for its adoption. When a question is taken from the table it is in the exact condition === Page 81 ============================================================ it was when laid on the table. The motion to lay on the table, if lost, can be renewed as soon as there has been progress in debate or business, and if carried, the question can be taken from the table by a majority vote at any reasonable time, as just ex- plained. Therefore there is no use in allowing a reconsideration of the motion to take from the table, and consequently a question laid on the table cannot be brought before the assembly again by a motion to reconsider the vote laying it on the table. Take Up a Question Out of Its Proper Order, or Before Its Proper Time. A question postponed definitely is not under the control of a bare majority of the assembly until the time arrives to which it was postponed. Being the order of the day for that time, it comes then before the assembly for its action, as described on page 133. But sometimes, after assigning a time for the consideration of a question, the assembly wishes to take it up before the designated time arrives. If a majority were allowed to do this, the minority, while in a temporary majority, might take up and act on a question in the absence of the majority, who were relying on its not being taken up until the appointed time. In fact, there would be no use for the motion to postpone if a majority could take up a question before the appointed time, since it would then be practically identical with the motion to lay on the table. In order to make the designation of a future time of real service, it has been found necessary to require a two-thirds vote to take up a question before its appointed time, whether this time is due to the adoption of a program, or order of business, or to the question's having been postponed to that time. Taking up a question before its proper time is really a suspension of the rules, and differs in this respect from the motion to take from the table. It is understood that a motion laid on the table can be taken up at any reasonable time, during that session or the next in assemblies with meetings as often as quarterly. This motion, to take up a question out of its proper order, or before its appointed time, like the motion to take from the table, cannot be made when any other motion is pending, and cannot be debated or amended. The vote postponing a question may be reconsidered if the motion is made on the day or the day after the vote was taken, as explained later under Reconsider. For information in regard to taking up a question out of its proper order, see page 145. === Page 82 ============================================================ Discharge a Committee. A question that has been referred to a committee is in the hands of the committee until its report is made. A committee may take advantage of this power, how ever, and neglect to make its report promptly, or for other reasons the assembly may wish to get the question out of the committee's hands so as to take action on it. This can be done by discharging the committee. As this annuls action previously taken by the assembly, it, like the motion to rescind, requires a two-thirds vote or a vote of the majority of the membership for its adoption, unless previous notice has been given, in which case it may be adopted by a majority vote. This motion to discharge a com- mittee cannot be made when any other question is pending, ex- cept when a committee has made a partial report and there is a motion made to accept the report, or to accept the report and continue the committee. To discharge the committee may then be moved as an amendment and be adopted by a majority vote. A motion to discharge a committee should never be made when its full report has been made since there is no committee then to be discharged. Before, but not after, the committee has taken up the question referred to it, the question may again be brought before the as- sembly by a vote to reconsider the vote referring it to the com- mittee. But the motion to reconsider must be made on the day, or the day after, the question was committed. For further in- formation on discharging a committee, see page 108. QUESTIONS FINALLY DISPOSED OF Questions are finally disposed of by Adopting, Rejecting, or Postponing Indefinitely the motions or propositions. When a question is thus disposed of, it may be brought before the as- sembly again by a motion to Reconsider the vote disposing of it, or to Rescind the action taken, or to Amend the adopted proposi- tion, as in case of by-laws, resolutions, etc.; or it may be done by Renewing (repeating) the motion if it was lost. Which of these four methods should be adopted depends upon the circumstances of the case. Reconsider. To provide against the results of hasty action without mature deliberation, American parliamentary law has introduced the motion to reconsider the vote on a question. The defeated party would always wish the vote reconsidered, while the === Page 83 ============================================================ interests of the assembly demand that there shall be no recon- sideration unless some one of the winning side has changed his opinion. Accordingly, the rule has been established that the mo- tion to reconsider can be made only by one who voted with the prevailing side. It may be seconded by any one. In order to make it effective it has the peculiar privilege of being in order when another has the floor and a motion of the highest rank is pending, and, while it cannot be considered then, the mere making of the motion suspends for a limited time all action under the vote it is proposed to reconsider. To prevent its too great interference with the work of the assembly, the time for making the motion is limited to the day and the next calendar day after the motion that it is proposed to reconsider was made. It is too late to recon- sider a vote after action that cannot be undone has been taken as a result of the vote. For instance, it is too late after the treasurer has paid a bill to reconsider the vote authorizing the payment. No motion can be reconsidered if it can be brought again before the assembly equally well by a majority vote on some other motion. Thus, the vote on laying on the table or taking from the table cannot be reconsidered because the same result can be accom- plished by the proper use of these same motions. The debatability of this motion is the same as that of the mo- tion to be reconsidered: if the latter is debatable the motion to reconsider is debatable; if it is undebatable the reconsideration is undebatable. While the motion to reconsider is immediately pending, if it is debatable the whole merits of the question to be reconsidered are open to debate. The reason for this is that the merits of the question it is proposed to reconsider are necessarily involved in the question as to the expediency of reconsidering the vote. The motion to reconsider cannot be amended or recon- sidered, nor can it be repeated after it has been adopted or re- jected, unless the question in the interval has been materially amended. A majority vote is all that is required to adopt the mo- tion to reconsider. One form of this motion is used to protect the assembly from the action of a temporary majority in a meeting that does not fairly represent the society. Its effect is to suspend action until another day, thus giving notice to the society of the proposed action. It outranks the other form of the motion to reconsider and can be applied only to votes adopting, or rejecting, or post- === Page 84 ============================================================ poning indefinitely a main motion. Its form is, "To reconsider the vote on ___ and have it entered on the minutes." Its peculi- arities are explained on page 104. The motion to reconsider is fully treated hereafter, page 87. Rescind. In case an assembly wishes to annul some action previously taken, any member may move to rescind the resolution or order. This is a main motion with no privilege, except that notice that the motion to rescind the vote will be made at the next meeting may be given when another question is pending, just as in the case of the notice of the motion to reconsider. When proper notice is given, only a majority vote is required to rescind a resolution or order, or any other main motion, except a by-law or similar rule that provides for its amendment by a two-thirds vote. Without notice, it requires a two-thirds vote, that is, two thirds of those voting, or else a majority vote of the entire membership, to rescind any action previously taken. The reason for this is that, while as a general rule the minority of a society should yield to the majority, yet, on account of the small quorum usually required, the attendance at a meeting may be very small and unrepresentative, so that a majority vote may represent the views of only a small minority of the society. So important is it sometimes to be able to rescind certain action without notice, that a two-thirds vote without notice is allowed to rescind resolutions and other main motions, provided that noth- ing that the assembly cannot undo has been done as the result of the resolution, or other main motion. The motion to rescind is a main motion and is subject to all the rules applicable to main motions as given on pages 9-11. The debate on the motion to rescind necessarily enters into the merits of the question to be rescinded, and it yields to all secondary motions, that is, any of them that the occasion demands may be made while the motion to rescind is immediately pending. This motion is fully explained on page 110. Reconsider and Rescind Compared. When it is possible to use the motion to reconsider, it is usually preferable to the motion to rescind or to discharge a committee, which latter motion is practically the same as to rescind. If it is desired to act on a question immediately, reconsider has the advantage over rescind in that the reconsideration has the precedence of all new ques- tions while rescind has not; and reconsider requires only a ma- === Page 85 ============================================================ jority vote while rescind requires a two-thirds vote, or a vote of a majority of the membership, at the meeting where the original motion was adopted, and even at later meetings it requires the same large vote unless previous notice has been given. On the other hand, suppose a resolution is adopted at a convention by a temporary majority when many of the members who are opposed to it are absent from the hall, and no one who voted with the winning side is willing to move a reconsideration. In such a case the only remedy is to rescind the resolution, and this may be done at the same meeting, or at any time later, without notice if two thirds are opposed to the resolution; or it may be done by a vote of a majority of the accredited delegates, which can be ob- tained in a convention more easily than a two-thirds vote. If neither of these can be obtained, notice may be given that the mo- tion to rescind will be made at the next meeting, and then only a majority vote is required to rescind the resolution, even though the two meetings are held on the same day. In an ordinary so- ciety the motion to reconsider cannot be made except at the meet- ing during which the resolution to be reconsidered was adopted, because there is no meeting the next day: whereas the motion to rescind may be made at any meeting regardless of the time that has elapsed. A motion rescinding or repealing a by-law is the same as the motion to amend by striking it out, and it is under the rules for amending the by-laws. Amend a Resolution or Rule Previously Adopted. An adopted resolution or standing rule may be amended without notice by a two-thirds vote, or by a vote of a majority of the membership; or if notice is given at the previous meeting, or in the call for this meeting, it may be amended by a majority vote. It will be noticed that the vote required is the same as is required for rescind- ing a resolution or standing rule. In fact, rescind is merely one form of the main motion to amend. When it is desired to modify some previous action taken by the assembly, before anything has occurred that the assembly cannot undo, it may be done in the following ways: (a) Reconsider the vote, and reject the motion or amend it and adopt the amended motion. This is the proper and the best way if it is practicable, because all action under the motion is stopped as soon as the reconsideration is moved, and only a majority vote is required for whatever action is desired. === Page 86 ============================================================ (b) Rescind the action taken, which requires notice or a large vote as described, and then if any further action is desired, adopt a proper resolution. (c) Amend the adopted resolution as just described. Which of these is best in any particular case de- pends upon circumstances. Reconsider is generally the best when it is practicable. If the object is merely to annul the previous action and it is not practicable to reconsider the vote, the proper motion is to rescind. If it is not desired to rescind the previous action but to modify it, amend is generally the proper motion to use, although sometimes it may be desirable to rescind the unexe- cuted part of an order or motion. [See also Amend as a Main Motion, page 38, and Amending By-Laws, etc., pages 368-374.] Renewing a Motion. As has been previously stated, when an assembly has expressed its will as to a certain question, it is un- reasonable to allow the same question to be introduced as often as the defeated party may desire. When a main question has been decided either affirmatively or negatively, it is not allowed at the same session to introduce the same question again, nor one so similar to it that the decision of one necessarily implies the decision of the other. The assembly at one session, however, can- not bind the assembly at another session, except by adopting some- thing in the nature of a by-law, etc., that requires previous notice. Hence a main question that has been decided at one session of an assembly may be introduced again at the next and future ses- sions. Secondary motions, that is, those that may be made while a main motion is pending, may be renewed whenever the progress in debate or business is such that the previous decision does not necessarily imply that the decision will be the same this time. While the form of the question is the same both times, the real question must be different. Thus, the question on adjourning before an amendment is voted on is different from the question on adjourning after the vote is taken on the amendment. This renewal of motions is explained more fully on page 113. === Page 87 ============================================================ CHAPTER IX RECONSIDER AND RECONSIDER AND ENTER ON THE MINUTES Reconsider ................................................................. 87 Taking up the Reconsideration ............................................ 90 Reconsideration of a Main Motion ......................................... 93 Reconsideration of an Amendment while the Main Motion is Pending ......... 94 Reconsideration of an Amendment or other Secondary Motion after Final Action has been taken on the Main Motion......................... 95 Illustrations ............................................................ 96 Questions that Cannot be Reconsidered .................................... 100 Reconsider and Enter on the Minutes ........................................ 101 Necessity for and Proper Use of this Motion .............................. 101 Legitimate Use of Motion ................................................. 102 Improper Use of Motion ................................................... 102 Points of Difference between these motions ................................. 104 RECONSIDER As has been stated heretofore, it would be impossible to trans- act much business in a deliberative assembly if there were no limit to the number of times the assembly could be called upon to consider and act on the same question. Yet hasty, unconsid- ered action is so common that it has been found an advantage to allow most votes to be reconsidered once, provided the motion is made within a limited time by one who voted with the winning side. In ordinary societies with frequent meetings, often weekly, and with quorums consisting perhaps of less than ten per cent. of the membership, it is also important to provide some method of preventing a very small minority of a society, that may be temporarily in the majority, from committing the organization to a course disapproved by the large majority of the society. These two objects are accomplished by the American motion to Reconsider. When it is desired to reconsider hasty action, the motion is made in the simple form of "to reconsider" the vote: when it is desired to prevent final action on a main motion until another meeting of the organization on another day, the motion is made in the form of, "To reconsider the vote and have it entered on the minutes," the practical effect of which is to enable any two members to prevent final action on any main === Page 88 ============================================================ motion without at least one day's notice. The fact that this form of the motion is qualified by "and have it entered on the minutes" does not mean that the simple motion to reconsider is not recorded like other motions. This form of the motion scarcely expresses its exact meaning, which is, "To reconsider the vote on ___, and to have the motion to reconsider entered on the minutes to be called up at the next meeting on another day." The unqualified form of the motion to reconsider is used in all cases except when it is desired to prevent final action on a main motion until another day. The points in which the second form differs from the simple motion to reconsider are explained further on page 104. The motion to reconsider may be made only on the day on which the vote to be reconsidered was taken, or on the next suc- ceeding calendar day, a legal holiday or a recess not being counted as a day. Ample time is thus given in a convention having sessions lasting several days to think the matter over and to attempt to persuade voters on the winning side to change their votes. If no one on the winning side is prepared to change his vote on the next day, it is for the best interests of the society that the matter be considered as settled, so far as reconsideration with its high privilege is concerned. In ordinary societies a ses- sion lasts only an hour or two, and it is at least a week before there is another meeting. Unless an adjourned meeting is held the next day, the motion to reconsider in such societies can be made only at the meeting where the motion to be reconsidered is made. If no one makes the motion at that meeting, the vote cannot be reconsidered, but at any time the society may rescind the action taken, or again introduce and adopt a resolution that was lost. The motion to reconsider must be made by one who voted with the prevailing side, for it is not to the interest of the assembly to permit this motion to be made unless some one who voted with the winning side has changed his opinion, or at least is sufficiently in favor of giving the minority another opportunity of pre- senting their case, to be willing, himself, to make the motion to reconsider. If a motion is lost for lack of a two-thirds vote, the negative, even though it is a minority, is the prevailing side. Any member may second the motion, since the change of a single voter from the winning side to the losing side may change the result. Of course a member may vote with the winning side merely for the purpose of moving a reconsideration. There is no way to === Page 89 ============================================================ prevent this, but it would rarely be done except when the mover is quite sure that he represents the real majority of the society and that he will be sustained eventually. If a member uses this or any other motion for improper purposes, the evil must be met as described under Dilatory Motions, page 177. In order to make the motion to reconsider effective without interfering too much with pending business, it is necessary to allow this motion the following high privileges: (a) It may be made when any other motion whatever is pending, even when another member has the floor, though it cannot interrupt a mem- ber while speaking or making a motion, nor can it interrupt the voting. It may be made after it has been voted to adjourn, pro- vided the mover rises and addresses the chair before the assembly has been declared adjourned. The principle involved is that nothing can be allowed to prevent the making of the motion to reconsider as early as possible, because it cannot be made after anything irrevocable has been done as the result of the vote it is proposed to reconsider. It is therefore necessary to allow a member to make this motion even if he cannot obtain the floor. (b) The mere making of the motion to reconsider has the effect of stopping all action under the vote to be reconsidered, unless finally disposed of sooner. [This question is fully explained on pages 91, 92.] This privilege renders it unnecessary to interrupt pending business any longer than is necessary to make the motion. The motion having been made, the reconsideration may be at- tended to at the convenience of the assembly. As has been previously stated, the motion to reconsider may be made after it has been voted to adjourn, provided the mover rises and addresses the chair before the assembly is declared ad- journed. If the making of the motion to reconsider would not affect the vote on adjourning, the chair, immediately after an- nouncing the motion, declares the assembly adjourned, in accord- ance with the previous vote. If, however, making the motion to reconsider requires some action of the assembly to prevent its serious interference with something the assembly has decided upon, the chair must again put the question on the motion to ad- journ, because moving the reconsideration has so changed con- ditions that there is uncertainty as to whether the assembly now wishes to adjourn. To illustrate: Suppose, after the assembly has voted to adjourn, === Page 90 ============================================================ but before the chair has declared the adjournment, a member rises and moves to reconsider the vote on an amendment to a resolution that was laid on the table or was postponed to the next meeting. The making of this motion could not possibly affect the vote on the motion to adjourn, and therefore the chair, after announcing the motion to reconsider, declares the meeting ad- journed. But suppose the vote to be reconsidered is one author- izing the engagement of a lecturer who can be secured only if prompt action is taken, and the object of the resolution will be defeated if the matter goes over to the next regular meeting. The chair should announce the fact that the reconsideration has been moved, and that unless it is acted upon before adjournment the lecturer cannot be engaged. He should then put the ques- tion again on the adjournment, and when this motion is voted down the motion to reconsider should be taken up and disposed of. [See also Illustration (8), page 99.] Taking Up the Reconsideration. The reconsideration itself has the rank of the motion to be reconsidered, and therefore is taken up at such time as the motion would have been in order had it not already been made. The reconsideration of a main motion, if moved when nothing is pending, is announced immediately by the chair. If business is pending at the time, the chair states the question on the reconsideration as soon as a motion of that class, or unfinished or new business, is in order. If the chair neglects to announce the reconsideration at the first opportunity, any member may "call up" the reconsideration. If called up, it is taken up in preference to any main motion competing with it for consideration. But to entitle it to this preference the mover must rise and address the chair before another question is stated. If he cannot attract the chair's attention until another member has been recognized, he should say that he rises to call up the mo- tion to reconsider, and the chair should say, "The motion to re- consider the resolution on is called up. The question is 'Will the assembly reconsider the vote on the resolution?' Mr. A has the floor," recognizing the mover of the reconsideration. Any one may call up the reconsideration of a vote adopting, re- jecting, or postponing indefinitely a main motion, but as a mat- ter of courtesy, if there is no reason for prompt action, it is usually left to the one who moved the reconsideration, if it is evident that he is acting in good faith. === Page 91 ============================================================ If it is a subsidiary motion that is to be reconsidered, the chair announces the motion when made, and states the question on the reconsideration the moment it is in order to make that subsidiary motion if it had not been made previously. Illustration: Sup- pose, after an amendment is adopted, a motion is made to post- pone the question to the next meeting, and while this motion is pending it is moved to reconsider the vote on the amendment. The chair immediately announces the motion to reconsider, but does not state the question on it until after the pending ques- tion on the postponement is disposed of. If the postponement is lost, the chair immediately says, "The question is on reconsidering the vote on the amendment," etc., repeating the amendment. If the postponement is adopted, when the time to which the ques- tion was postponed arrives, the chair states the question in a form similar to this: "The next business in order is the considera- tion of the resolution, 'Resolved, That, etc. [repeating the resolu- tion] and its adhering motion to reconsider the vote on the amend- ment [repeating the amendment].'" The chair then assigns the floor to the member who moved the reconsideration. For another illustration, suppose that after amendment No. 1 has been rejected, amendment No. 2 is moved, and then that the question is laid on the table: now it is moved to reconsider the vote on No. 1. The chair announces the reconsideration when it is moved, but no action is taken upon it until the question is taken from the table and amendment No. 2 is disposed of, at which time the chair immediately states the question on reconsidering the vote on amendment No. 1. In an ordinary society with regular meetings as often as quar- terly, the effect of making the motion to reconsider continues until the close of the next regular business session, if not called up sooner. When the effect of the motion to reconsider has ex- pired without its being called up, the vote that it was proposed to reconsider is in full force, the same as if the motion to recon- sider had not been made. If in such a society it is called up and not finally acted upon, but is laid on the table or postponed to another day, the motion to reconsider carries with it the ques- tion to be reconsidered, and its effect continues just the same and expires just the same as if it, the motion to reconsider, had not been laid on the table or postponed. In an organization meeting less often than quarterly, as a === Page 92 ============================================================ convention meeting annually, the effect of moving a reconsidera- tion does not extend beyond the session; the adjournment of the session terminates its effect if the motion to reconsider has not been called up, or if it has been called up and has been laid on the table or postponed. In such an organization a motion to reconsider cannot be postponed to another session, and a mo- tion to reconsider that is on the table when the session adjourns is dead, and the vote to which it is proposed to reconsider is in full force. When the motion to reconsider is called up, the difference be- tween the two forms of the motion, to reconsider, and to reconsider and enter on the minutes, ceases, and the chair states the ques- tion in exactly the same way in the two cases. In either case he would state the question in a manner similar to this: "The motion to reconsider the vote on the resolution, 'Resolved,' etc. [repeating the resolution] is called up. The question is on re- considering the vote adopting the resolution." If the motion to be reconsidered is debatable then the reconsideration is debatable, and in this debate the merits of the question to be reconsidered may be entered into as fully as if it were the immediately pending question. The motion to reconsider an undebatable question is un- debatable. The motion to reconsider is undebatable if the recon- sideration comes up while the previous question is in force, whether the vote to be reconsidered was taken up under the order for the previous question or not. An order limiting debate applies in a similar way to the motion to reconsider. For example, sup- pose the previous question is ordered on a resolution and its pend- ing amendments, and that before they are all voted on, it is moved to reconsider the vote on an amendment that was voted on before the previous question was ordered. As soon as pending amend- ments are disposed of, the chair puts the question on the recon- sideration, and if that is carried he at once takes the vote on the amendment. No debate on the reconsideration or the amend- ment is allowed, because the previous question is not exhausted until the vote is taken on the main question. The motion to reconsider cannot be amended, or postponed indefinitely, or referred to a committee, but the motion to recon- sider a main motion may be postponed to a certain time, or laid on the table, in either case carrying with it the question to be reconsidered and the motions adhering to it. It would be absurd === Page 93 ============================================================ to refer to a committee the question as to whether the assembly should reconsider a question, but the assembly might prefer to take up the question of reconsideration at another time, and of course this would require that the question to be reconsidered should be postponed also. The previous question and other mo- tions relating to closing or limiting debate may be applied to the motion to reconsider a debatable question. When the motion to reconsider is before the assembly for de- bate, members who have previously exhausted their right of debate can now speak again on the question to be reconsidered. Tech- nically the question is different from what it was before, but prac- tically it is the same, because a discussion of the reconsideration necessarily involves the merits of the question to be reconsidered. If the reconsideration is carried, the question is before the as- sembly in precisely the same condition it was just before the taking of the vote that has been reconsidered. Consequently if a member has exhausted his right of debate on that question for the day he cannot now speak upon it. He should have spoken when the reconsideration was pending. Any motion that was in order just before the taking of the vote just reconsidered is now in order. A majority vote is all that is required to reconsider any vote that can be reconsidered regardless of the vote required on the motion to be reconsidered. If the motion to reconsider is lost it cannot be renewed, except by unanimous consent. If it is adopted the question cannot be reconsidered again, unless when previously reconsidered it was so materially amended as to make the second reconsideration an entirely new question. Reconsideration of a Main Motion. If a resolution or other main motion has been adopted, rejected, or postponed indefinitely, and afterward, on the same or the next day, a member who voted with the winning side has changed his opinion and wishes the question to be further discussed, he should take advantage of the first occasion when there is no pending question and obtain the floor and move "to reconsider the vote on the resolution on ___". Any one may second the motion. When the chair states the question on the reconsideration he assigns the floor to the member who moved the reconsideration, and this is the time to discuss the question and show why the assembly should take different action. The main question is just as debatable now as if it were === Page 94 ============================================================ the immediately pending question. When the debate is finished the chair puts the question on the reconsideration and announces the result. If the reconsideration is lost the vote on the main question stands, and it cannot be reconsidered again except by unanimous consent. If the reconsideration is carried the chair announces the fact thus: "The ayes have it, and the vote on the resolution on is reconsidered. The question is now on the resolution, which is as follows: [Reads the resolution.] Are you ready for the question?" The question is now open to debate and amendment, it being in the exact condition it was just before it was previously voted on. If the member who moved the re- consideration had said he intended to offer an amendment, the chair should have assigned him the floor even though another had already risen to claim it. After his amendment has been offered, he is entitled to the floor in preference to others. After this, however, he has no preference, and other amendments may be offered by any one, the procedure being the same as if the main motion had never been voted on. In the above case the motion to reconsider could have been made while another question was pending, but ordinarily noth- ing would be gained thereby, as it could not be taken up until all pending questions were disposed of. Reconsideration of an Amendment While the Main Motion Is Pending. In this case, as soon as the member who wishes the amendment reconsidered obtains the floor he moves "to recon- sider the vote on the amendment ___" [stating the amendment]. If nothing is pending but the main motion or it and the motion to postpone indefinitely, the chair states the question at once on the reconsideration, and assigns the floor to its mover, who should then give the reasons for the reconsideration. If a secondary motion other than postpone indefinitely is pending when the re- consideration of the amendment is moved, the chair announces the reconsideration, but does not state the question on it until all pending secondary motions except postpone indefinitely are dis- posed of. If after debate the reconsideration is carried, the chair states the question on the amendment and recognizes the mover of the reconsideration if he claims the floor. The amend- ment is now open to debate and amendment just as it was before it was voted on. The same principle applies in reconsidering any other second- === Page 95 ============================================================ ary motion, that is, the chair states the question on the reconsid- eration as soon as the motion to be reconsidered would be in order if it had not been made already. Reconsideration of an Amendment or Other Secondary Mo- tion after Final Action Has Been Taken on the Main Motion. After a main question has been acted upon it is too late to recon- sider the vote on a motion subsidiary to it, unless the vote on the main question is also reconsidered. Thus it is absurd to reconsider a vote on postponing or amending a question that has already been disposed of and is not in the possession of the as- sembly. In such a case it is necessary to reconsider the main motion and then the subsidiary one, taking first the question last voted on; or, still better, to make one motion and one vote cover all the questions to be reconsidered. When one motion is made to cover all the questions to be reconsidered and the chair states the question on the reconsideration, the only one of the questions open to debate is the one most distant from the main question, and this is the proper time to state the objections to it in its present form, and what is to be proposed in its place if the vote is reconsidered. Unless sufficient reasons are given for reconsidering, it is not to be expected that the motion will be adopted. If the motion to reconsider is carried, the chair states that the votes are reconsidered and that the question is on the amendment, or whatever the reconsidered question is, that is far- thest removed from the main question. The question is now in the exact condition that it was before that question was voted on, so that each of the reconsidered questions is open to debate and amendment, and must be put to vote again in the same order as before, as if it had never been put to vote. This is illustrated below. Instead of the above described method of reconsidering a main motion and its subsidiaries by one motion and one vote, it may be done by separate motions and votes. In this case the mover should announce his purpose at the beginning when he moves to reconsider the vote on the main motion. When the chair states the question on the reconsideration, he should assign the floor to the mover, who should give his reasons for wishing the reconsideration, and then move to reconsider the amendment or other subsidiary. If this is carried and there is another subsidiary to reconsider, the chair assigns the mover the floor again to move the other recon- === Page 96 ============================================================ sideration, since the maker of one motion of a series is entitled to the floor to complete the series. While this method is commonly used, the other one is preferable. The steps to be taken in reconsidering the vote on a rejected amendment of the second degree after the resolution has been adopted illustrate the procedure in other cases of reconsideration, and are as follows: (1) Move to reconsider the votes on the resolution and amend- ments of the first and second degree. (2) Debate on reconsidering the amendment of the second de- gree. (3) Take a vote on reconsidering all the three votes. [Carried.] (4) Debate and vote on the amendment of the second degree. (5) Debate and amend (if desired) and vote on amendment of first degree. (6) Debate and amend (if desired) and vote on resolution. After each vote is announced, as well as after every motion is made, the chair should distinctly announce the pending question. While this is always the duty of the chair, it needs special em- phasis in case of a reconsideration as just described. It will be noticed that if separate motions to reconsider are made, the one motion and one vote required in the first three steps given above will be replaced by three motions and three votes, even though the chair refuses, as he should, to allow amendments until all the motions of the series of reconsideration have been made. Illustrations. The following illustrations will make more clear the procedure where it is desired to reconsider a vote. In actual practice it is seldom necessary to reconsider any votes except those adopting or rejecting a main motion or a primary amend- ment. Verbal corrections can usually be made by general con- sent, thus avoiding a reconsideration. For brevity's sake it is assumed in the following examples that the chair knows that Mr. A, who moves the reconsideration, voted on the prevailing side. If the chair is not sure of this he should ask how he voted. It is also assumed that the motion is seconded. It does not matter how the seconder voted, or even whether he was present when the vote was taken which it is proposed to reconsider. (1) To reconsider a resolution after it has been adopted or rejected. When nothing is pending Mr. A moves "to reconsider the vote on the resolution on ___," and the chair immediately === Page 97 ============================================================ states the question thus: "It is moved and seconded to reconsider the vote on the resolution on ___. Mr. A." Mr. A, being thus assigned the floor, gives the reasons for the reconsideration, after which the question is open to debate by others. The debate may go into the merits of the resolution the same as if it were the im- mediately pending question. If the question is decided affirma- tively the chair says: "The ayes have it and the vote on the resolution is reconsidered. The question is on the resolution, which is, 'Resolved, That,' etc. [reading the resolution and asking], Are you ready for the question?" -- unless Mr. A has indicated that when the resolution was reconsidered he wished to offer an amend- ment, or to make some other subsidiary motion, or to debate it, in which case the chair assigns him the floor without asking the above question. The question is now in exactly the condition it was before the resolution was voted on, and therefore it can be debated and amended and must be disposed of by a vote just as if it had never been voted on. If the motion to reconsider is lost, the chairman announces the fact and proceeds to the next business. Whether adopted or lost, the motion to reconsider cannot be re- newed except by unanimous consent. (2) To reconsider an amendment of the first degree while the resolution is pending. Mr. A moves the reconsideration, if he can get the opportunity, while the resolution is the immediately pend- ing question. If there is no other chance, he must make his mo- tion while another subsidiary motion is pending, or even while another member has the floor, but he cannot interrupt any one who is speaking. In the first case, when the resolution is immediately pending, the chair at once states the question on reconsidering the amendment: in the other case he announces that the motion is made, but he waits to state the question on the reconsideration until there is no question pending except the resolution. The chair states the question on reconsidering the amendment as soon as the resolution itself is the immediately pending question. He must not wait for the mover to call up the motion. (3) To reconsider an amendment of the first degree after the resolution has been adopted or rejected. Mr. A moves "to recon- sider the votes on the resolution ___ and its amendment ___" [describing the resolution and its amendment]. If nothing is pending the chair states the question and assigns the floor to Mr. A, who then explains why the votes should be reconsidered. The === Page 98 ============================================================ debate would naturally be confined mainly to the amendment, but may go into the main question also if it has any bearing on the reconsideration. If the reconsideration is carried the chair announces it thus: "The ayes have it and the votes on the reso- lution and the amendment are reconsidered. The question is on the amendment" [stating the amendment]. After the amend- ment is disposed of, the question is stated on the resolution. (4) To reconsider a primary amendment which has been amended and then adopted.1 Suppose a resolution pending con- tains the word "pine," and it is moved to strike out "pine" and insert "poplar": it is then moved to amend this primary amend- ment by striking out "poplar" and inserting "cherry." Both amendments are adopted, so that the word "cherry" is inserted in the resolution. (a) Afterward, if it is desired to replace the word "cherry" by the word "poplar," it is necessary to reconsider the votes on both amendments as described in the next illustration (5). (b) If it is desired to replace "cherry" by "pine," it is necessary to reconsider the amendment striking out "pine" and inserting "cherry," and then to reject the amendment and thus leave "pine" in the resolution. (c) If it is desired to replace "cherry" by "mahogany," it is necessary to take the steps just described in (b), and then move to strike out "pine" and insert "mahogany." It would not be in order to move to strike out "cherry" and insert "mahogany," because "cherry" has been inserted and therefore cannot be struck out. (5) To reconsider an amendment of the second degree while the resolution is immediately pending. Mr. A moves "to recon- sider the votes on the amendment ___ and its amendment ___" [describing the primary and the secondary amendments]. The chair states the question and assigns the floor to Mr. A as shown in previous illustrations. If the reconsideration is adopted the chair states the question on the amendment of the amendment, and proceeds exactly as if the amendment had never been voted on, except that Mr. A is recognized in preference to others until he has had an opportunity to offer his secondary amendment, or to make the speech for which the reconsideration was moved. -------------------------------------------------------------------------------- (1) It will be well for the reader to write down the resolution and the amend- ments as shown in the illustration in "Parliamentary Practice" p. 192. === Page 99 ============================================================ (6) To reconsider a negative vote on the motion to commit while an amendment to the resolution and a motion to postpone to a certain time are pending. When Mr. A makes his motion to reconsider, the chair announces the motion, but he cannot state the question on the reconsideration until the vote is taken on the postponement, which outranks commitment. If the postponement is lost, the chair immediately states the question on the recon- sideration of the motion to commit, because to commit outranks the pending motion to amend the resolution. If the postponement is carried, all the pending questions go over to the designated time, at which time the chair states the reconsideration of the motion to commit as the immediately pending question. (7) Suppose, just after a vote is taken adopting a resolution but before the result is announced, a motion is made to reconsider a vote rejecting an amendment. The chair at once states the question on the reconsideration as it must be acted upon before the result of the vote on the main question can be announced. If the reconsideration is voted down, or if the amendment after being reconsidered is again lost, there is no necessity for again taking the vote on the resolution, because there has been no change in the main question, and therefore the chair immediately an- nounces the result of the vote previously taken. If when recon- sidered the amendment is adopted, then, the main question being changed, the vote previously taken is ignored and the main question as amended is put to vote. (8) Suppose it is voted to adjourn, and before the chair has declared the assembly adjourned, a motion is made to reconsider the vote fixing the time for the next meeting. It makes no dif- ference whether the adjourned meeting was appointed by adopting the privileged motion fixing the time to which to adjourn, or by adopting a main motion to that effect. It is clear that to be of any use whatever it is necessary to act on the reconsideration before the chair declares the assembly adjourned, so, since the question is undebatable, he immediately states the question on the reconsideration. As soon as the reconsideration and the ques- tion reconsidered are disposed of, the chair declares the assembly adjourned without any further vote. (9) Suppose that, after an amendment to a resolution is lost, it is moved to refer the resolution to a committee, and before this is voted on the question is laid on the table, after which it is === Page 100 =========================================================== moved to reconsider the vote on the amendment. Whenever the question is taken from the table the immediately pending question is on referring the resolution to a committee. If that is carried the resolution goes to the committee and the motion to reconsider is ignored. The committee reports back the resolution with such amendments as it recommends, in this case including, if it wishes, the amendment that it was moved to reconsider, regardless of whether the amendment had been adopted or rejected by the assembly. If the motion to commit is lost, the chair then states the question on the reconsideration of the amendment. In the case explained above, if another amendment was pending when the motion to refer was made, after this motion to refer was lost, that amendment would be the pending question, and after it was disposed of the chair would announce the reconsideration as the pending question. In all cases of secondary motions like the above, the chair does not wait for the reconsideration to be called up, but states the question on it as soon as it is in order. These illustrations are sufficient to show the correct procedure in any use of reconsidera- tion likely to arise. Questions that Cannot Be Reconsidered. The motion to recon- sider is, as a general rule, not applicable to the following cases: (a) To votes on motions that can be renewed after progress in business or debate. (b) To an affirmative vote in the nature of a contract, when the other party to the contract has been notified of the vote. (c) To a vote on the motion to reconsider. (d) When other motions are provided that will practically accomplish the same object. (e) After something has been done as a result of the vote that the assembly cannot undo. (f) After a vote has been partially executed (except in case of an order limiting debate). The following are cases of votes that have been partially executed and therefore cannot be reconsidered: (1) A resolution and an amendment are pending. The previous question is ordered on all pending questions and the vote is taken on the amendment. It is now too late to move to reconsider the vote ordering the previous question, as it has been partially executed. (2) In case === Page 101 =========================================================== a committee has taken up a question referred to it, it is too late to reconsider the vote referring the matter to the committee. (3) It has been voted to nominate and elect by ballot the delegates and alternates to a convention. After the election of the dele- gates it is desired to do away with the nominating ballot for the alternates, and to have them nominated from the floor. It is too late to reconsider the vote ordering the nominating ballot, because the order has been partially executed. The proper course to pursue is to rescind the unexecuted portion of the order. A vote, however, limiting or extending the limits of debate may be reconsidered after it has been partially executed, because it is to the interest of the assembly not to allow any modification of the limits of debate unless a large majority desire it. The debate may raise such questions as to materially modify the views of members in regard to the expediency of limiting the debate, and a majority should have the right to reconsider the vote and do away with the limitations. The motion to reconsider cannot be renewed, unless it was withdrawn or unless the question to be reconsidered has been ma- terially amended since the reconsideration was previously moved. The list of motions that cannot be reconsidered on page 553 is in accordance with these principles. TO RECONSIDER AND ENTER ON THE MINUTES Necessity for and Proper Use of This Motion. The motion to reconsider, as has been explained, provides sufficiently against hasty action which the majority of the assembly that adopted it wishes to modify. But it does not protect a society with a small quorum and frequent meetings from the deliberate action of a temporary majority that represents only a small minority of the entire membership. Both houses of the English Parliament have small quorums, and a majority of the members are not expected to be present at every meeting, so that in these respects they are very similar to ordinary voluntary societies. They have pro- tected themselves from the danger mentioned above by requiring notice of main motions, so that there is ample time to notify absent members. Such a rule would be exceedingly inconvenient in ordinary societies, and in them it is required for only a few important motions, such as to amend the by-laws. Societies with === Page 102 =========================================================== very small quorums are sufficiently protected from the action of small or packed meetings by the proper use of the motion to Reconsider and Have Entered on the Minutes. The legitimate use of this motion is to enable two members to prevent for the day final action on important main motions that have been sprung upon the assembly without notice, and that would probably be decided differently if time were afforded for consultation and for notifying absent members. It practically permits two members to require at least one day's notice before final action is taken on a motion permanently disposing of a main motion. Since no one would make this motion who was really in favor of the vote that prevailed, it follows that a member who is opposed to the prevailing party must vote with it, or else he must change his vote to that side before the vote is announced, so that he can move to reconsider the vote and have it entered on the minutes. This motion is especially useful in cases so flagrant that, before the vote is taken, members know that the members present do not fairly represent the society in the pending matter, and therefore some of them should vote with the prevailing side, and then move to reconsider the vote and have it entered on the minutes. If none of the defeated party voted with the prevailing side, one of them could change his vote before the vote is announced. Should this be neglected, then some one should give notice that at the next meeting he will move to rescind the resolution or action thereon. This will enable a majority at the next meeting to rescind the action taken, provided nothing has been done as the result of it that the assembly cannot undo. The motion to rescind, or the notice of it, does not suspend action under a resolution, as reconsider does, and therefore it is useless to give the notice if the resolution requires something to be done before the next meeting. Improper Use of the Motion to Reconsider and Enter on the Minutes. The requirement that the motion to reconsider and enter on the minutes must be made, like the simple form of the motion to reconsider, by one who voted with the prevailing side, protects the assembly to a great extent from being annoyed by members of the minority making this motion uselessly, even at meetings where the attendance is normal. But there is an improper use of this motion, as explained below, that at times may seriously === Page 103 =========================================================== interfere with the assembly unless its danger is fully understood and proper steps taken to meet it. As has already been stated, merely making this motion sus- pends until another day action under the vote it is proposed to reconsider. Advantage of this may be taken by any two factious members to defer to the next meeting important business that should be attended to before the next regular meeting. If this is attempted the assembly should immediately vote that when it adjourns it adjourns to meet next day, at which time the recon- sideration may be taken up and disposed of at once. If the main motion is of such a nature that deferring action on it to the next day is equivalent to postponing it indefinitely, then the motion to reconsider and enter on the minutes is out of order. To illustrate the above, suppose the following case: A society with regular weekly meetings, learning that a distinguished person is to be in their town the next week, unanimously vote to invite him to be present at their next meeting and address them. Im- mediately after they have voted to adjourn, but before the chair has declared the assembly adjourned, a member rises and moves to reconsider the vote of invitation and have it entered on the minutes. The member having voted with the prevailing side for this very purpose, and the motion being seconded, no invitation can be sent until the motion to reconsider is voted down, and this cannot be done until the next meeting, which will be too late. In such a case the proper course is for some one immediately to rise, address the chair, and move that when the assembly adjourns it adjourns to meet at such and such a time, specifying the day and hour. This motion is in order even though the assembly has voted to adjourn, as the assembly is not adjourned until so declared by the chair. If this motion is adopted, an adjourned meeting is provided for, which may be on the next day, at which time the reconsideration would be called up and voted down and then the vote giving the invitation is in force. Under these circum- stances, as soon as the motion is made providing for an adjourned meeting, it is probable that the motion to reconsider would be withdrawn, when of course the motion fixing the time for an adjourned meeting should be withdrawn also. Should no one think before the assembly is adjourned to provide for an adjourned meeting, the only course left for the majority is to have a special meeting called as quickly as possible, stating in the call that the === Page 104 =========================================================== meeting is called to take up the reconsideration of such and such an invitation. If the members know how to defeat such sharp practice, it will probably never be resorted to. Points in Which the Motion to Reconsider and Enter on the Minutes Differs from the Motion to Reconsider. (1) To reconsider and enter on the minutes outranks the simple form of to reconsider, and when made supersedes the latter, which is treated as if it had never been made. Even if it had been voted to reconsider, provided the vote had not been an- nounced, the motion is in order. After the vote on the reconsideration has been announced, whether it is carried or lost, it is too late to make the other form of the motion. If this motion did not outrank the simple form of the motion to reconsider it would be nearly useless, because it could usually be forestalled by the prompt making of the motion to reconsider by the member in charge of the motion just voted on. The motion to reconsider would be immediately voted down and the other form of the mo- tion could not be made. (2) To reconsider and enter on the minutes can be applied only to an affirmative or negative vote on adopting, and an affirma- tive vote on postponing indefinitely, a main motion; and to a negative vote on the consideration of a main motion whose consideration has been objected to. These are the only votes that finally dispose of the main question, and are therefore the only ones to which the motion can be applied. It would generally be a hindrance rather than a help to allow this form of the motion to be applied to the various privileged, incidental, and subsidiary motions. (3) To reconsider and enter on the minutes can be made only on the day the vote to be reconsidered was taken. The next day the motion simply to reconsider accomplishes the same object as having it entered on the minutes the day before would have done, namely, to bring the main question before the assembly again on another day than the one when the vote was originally taken. (4) In an assembly, like a convention, whose regular sessions are not as frequent as quarterly, the motion to reconsider and enter on the minutes cannot be made on the last day of the session unless there is to be a business meeting afterward, and at the last business meeting any one may call it up. Since this form of the motion cannot be called up during the meeting at which it is === Page 105 =========================================================== made, and its effect is exhausted when the session closes, there would be no use for this form of the motion at the last meeting of the session. The simple form of the motion to reconsider should be used. (5) The motion to reconsider and enter on the minutes cannot be applied to votes on motions the object of which would be de- feated by delay to another day. For instance, it would be absurd to allow two members to prevent the assembly's asking a visitor to address them at that time, or accepting an invitation to anything occurring on that day, and yet that would be the effect of allow- ing the motion to reconsider and have entered on the minutes to be applied in such cases. (6) The motion to reconsider and enter on the minutes can- not be called up on the day it is made, unless that is the last day of the session of an assembly having regular meetings less fre- quently than quarterly, and in this case any one can call it up at the last business meeting of the session. If in an ordinary society this motion could be called up at the next meeting on the same day, its object would be defeated by fixing the time for an adjourned meeting, say, in fifteen minutes and then adjourning. The interval between the meetings would be too brief to enable absent members to be notified, and the object of the motion would be defeated. It is necessary to require that it cannot be called up on the day it is made. After the day on which the motion to reconsider and have entered on the minutes is made, it is treated exactly as if it had been made in the simple form of reconsider. The object of enter- ing it on the minutes has been accomplished when it has delayed final action on the main question until another day from the one on which the original vote was taken. It cannot be withdrawn when it is too late for any one else to move the reconsideration. === Page 106 =========================================================== CHAPTER X TAKE FROM THE TABLE; DISCHARGE A COMMITTEE; RESCIND; RENEWAL OF A MOTION Take from the Table ........................................................ 106 Discharge a Committee ...................................................... 108 Rescind .................................................................... 110 Renewal of a Motion ........................................................ 113 TAKE FROM THE TABLE [Read in connection with this pages 80, 81.] As stated heretofore, a pending question may be laid on the table at any moment by a bare majority, without allowing any debate or amendment. This is done on the theory that the question is only temporarily laid aside on account of more urgent business, and that its consideration will be resumed, at which time opportu- nity will be given for debate and amendment. On this account the motion to take a question from the table takes the precedence of other main motions that have not been actually stated by the chair, provided it is made when business of the same class, or unfinished or new business, is in order. A question laid on the table remains there, if not taken up previously, until the close of the session; and in assemblies having meetings as often as quarterly, unless taken up sooner, it remains on the table until the close of the next regular business session. If not taken up within the time limit, the question is as if it had never been made, and therefore it may be introduced again. If nothing is pending and there is no order of business, or program, or rule that would prevent the consideration at this time of a motion that has been laid on the table, a member rising to move to take the question from the table should be assigned the floor in preference to any member rising to introduce any main motion except one of a series already begun. A member wishing to have a question taken from the table should obtain the floor immediately after a pending main question is disposed of and === Page 107 =========================================================== move to take the question from the table. If the chair recognizes another member as having obtained the floor, the first member should at once say, "Mr. Chairman, I rise to move to take a ques- tion from the table." It is not too late for him to do this even if the other member has made a motion before the first member can attract the chair's attention so as to state for what he has risen. The chair should recognize the motion to take from the table in preference to any main motion, and even if he has stated another question, he must ignore the fact and recognize the mem- ber who rose to make the motion to take from the table, provided the member rose and addressed the chair before the other question was stated. This motion cannot, however, interrupt a series of motions, but must wait until the series is disposed of. [See R. O. R., p. 30.] The form of the motion is, "To take from the table the reso- lution on ___," or, "To take up the report of the financial committee." It is undebatable, and cannot be amended, com- mitted, postponed, laid on the table, or reconsidered. Privileged and incidental motions may be made while this is pending. Its effect is to bring before the assembly the question laid on the table with all its attached questions in exactly the same condition they were when they were laid on the table, except that if not taken from the table until the next session the previous question and motions limiting, or extending the limits of, debate are ex- hausted. Members who had exhausted their right of debate cannot again speak to the question if it is taken up on the same day it was laid on the table. The chair should drop any subsidiary motion that has become useless on account of the delay in taking up the question, as for instance, a motion to postpone to a time that has passed. A vote on the motion to take from the table cannot be recon- sidered, as the same object can be accomplished within a reasonable time by renewing the motion if it is lost, and by laying the question on the table again if it is carried. If it fails it may be repeated again and again, but it cannot be repeated until some business has been transacted since it was last voted down. If it is desired to take from the table a question while another question is pend- ing, the proper course is to lay on the table the pending questions and then the other question may be taken from the table. When taken from the table, the question cannot again be laid on the === Page 108 =========================================================== table until there has been material progress in debate or in business. DISCHARGE A COMMITTEE [Read in connection with this page 82.] When a motion is referred to a committee, the subject matter is in a condition, as far as the assembly is concerned, very sim- ilar to what it would be if it had been postponed to the time when the committee reports. A motion cannot be offered in the assembly that is identical with the one that has been referred to a committee, or that in any way interferes with the freedom of the assembly to deal as it pleases with the report of the committee. If it is desired to consider the new motion, it is necessary first to bring back the question from the committee, as it would be absurd for the assembly to consider and act upon a question while a committee is considering a similar proposition referred to it. The question may be brought back before the committee has actually begun its consideration, by reconsidering the vote committing the question, which may be done by a majority vote on the day, or the day after, the question is committed. After the committee has begun its work on the question it is too late to reconsider the vote. If the vote committing the question cannot be reconsid- ered, the only way to bring the question immediately before the assembly is to discharge the committee. If the commit- tee is a special one with no other duty, the proper form of the motion is, "To discharge the committee to which was referred the resolution on enlarging the library, and that the resolution be now taken up for consideration." If the committee has other duties, the motion is made in this form: "To discharge the committee on resolutions from the further consideration of the resolution." If this motion is adopted by the proper vote, as explained below, the chair announces the result and then states the pending question thus: "The committee is discharged [or, discharged from the further consideration of, etc.], and the ques- tion is on the resolution [or amendment]," etc. [reading the resolution or amendment immediately pending when the resolution was committed]. The above-mentioned motions may have added to them, "and that the resolution be now considered," but this is unnecessary, as the chair should state the question on the resolution when the committee is discharged. The motion to dis- === Page 109 =========================================================== charge may have added to it the words, "and that the resolution be considered at [or, be made the special order for] 4 P.M.," or similar words. The motion to discharge a committee requires a two-thirds vote, or a vote of a majority of the entire membership, except in the following cases, when it requires only a majority vote: (1) when notice of the motion to discharge the committee was given at a previous meeting, or in the call for this meeting; (2) when the committee makes a partial report; (3) when the time arrives at which the committee was instructed to report and it fails to do so. These exceptions are necessary to prevent the business of the assembly from being delayed by a committee. With these rules the majority of an assembly can prevent a resolution from being smothered in a committee, while at the same time a committee that is acting in good faith and doing its duty cannot have the subject referred to it taken out of its hands after the committee has begun its work by less than a two-thirds vote, unless previous notice of the motion has been given. The previous notice has all the privilege of notices of amendments to the by-laws and of mak- ing the motion to reconsider; that is, if necessary it may be given even after it has been voted to adjourn, provided the chair has not declared the assembly adjourned. When a committee makes its report to the assembly, that report is in the possession of the assembly, and the committee is auto- matically discharged if the report is a final one. Therefore it is improper to move "to accept the report and discharge the committee," unless the report is only a partial one, or a report of progress, because if the final report has been made by a special committee there is no committee to discharge, and if it was made by a standing committee the committee, having made its report, cannot resume its consideration unless the matter is recommitted. The motion to discharge a committee is an incidental main motion and cannot be made when any other motion is pending. It should never be used after a committee has begun its work, unless there are urgent reasons for immediate action, or the com- mittee is dilatory in making its report. It is debatable. Privileged and incidental motions may be made while it is pending, and the subsidiary motions may be applied to it. An assembly at any time may by a majority vote give instruc- tions or additional instructions to a committee. Instead of === Page 110 =========================================================== discharging a committee the assembly may instruct it to report at some reasonable specified time. It would not be in order to move "that the committee be instructed to report in five minutes," or in any other impracticable time, and thus be enabled at the end of the five minutes to discharge the committee by a mere majority vote. Instructing a committee to report at a specified time may be moved as a substitute for the motion to discharge a committee. RESCIND OR REPEAL [Read in connection with this page 84.] A motion to annul words or sentences of the constitution, by- laws, or rules of order, etc., is usually referred to as the motion to strike out, or to amend by striking out. A motion to annul a by-law, or a paragraph or section of the by-laws, etc., is referred to as a motion either to strike out, or to rescind or repeal, the by-law or paragraph, etc. A motion to annul the entire constitu- tion, by-laws, or rules of order, or an entire standing rule or resolution, is referred to as a motion to Rescind or Repeal. There is really no difference between the motions to rescind and to strike out something that has previously been adopted. They are both main motions and cannot be made when any motion is pending. They are debatable, the debate being on the merits of what it is proposed to rescind or strike out. The various subsidiary motions may be applied to them, the same as to other main motions. The rules relating to either motion apply to the other, as there is no difference between them except that the motion is generally called rescind when it applies to an entire rule or resolution, and is called amend or strike out when it applies to only a part. Thus, when the by-laws, as is usual, require notice and a two-thirds vote for their amendment, the same motion and vote is required to rescind them. To rescind, when notice is required, like to strike out a by-law, etc., cannot be amended so as to increase the amount to be rescinded or struck out. A resolution or standing rule may be rescinded without notice by a vote of a majority of the entire membership, or by a two- thirds vote, that is, two thirds of those voting. If notice is given at the previous meeting, a mere majority vote is all that is neces- sary to rescind any resolution, order, or standing rule that has been previously adopted. These limitations are necessary in order to have stability in the actions of an assembly. If a bare majority === Page 111 =========================================================== could undo the action of the assembly at any time without any notice, it might prove very troublesome where the meetings are frequent and the quorum small. The majority of a quorum may not exceed five per cent. of the membership, and so small a number should not have the power to rescind action taken by the assembly unless notice has been given of the intention. When notice has been given, a majority of those who choose to attend and to vote should have the power to rescind a resolution or standing rule that required only a majority vote for its adoption, and was adopted without any previous notice. Since an organization may rescind any resolution it has adopted, by a similar vote it may countermand or modify any action taken by its subordinates that it could countermand or modify if the action had been taken by the body itself, provided the resolution does not relate to a matter placed under the ex- clusive control of the subordinate body by the by-laws of the higher body. Thus a society may countermand any action taken by its board, and the board may countermand any action taken by the executive committee. Afterward the higher body may take any other action on the case that it deems advisable. When a temporary majority takes some action that is evidently not approved by the majority of the society, a member in the opposition should vote with the majority and then move to recon- sider the vote and have it entered on the minutes. This stops action in the matter until the next meeting on another day, thus giving an opportunity to notify absentees, so that at the next meeting the society may be fairly represented, at which time a majority will decide the question. Should no member who voted with the temporary majority be willing to move to reconsider the vote, then one of the opposition should give notice of a motion to rescind the resolution or action just taken, which motion will be made at the next meeting. This notice may be given while no one is speaking, even though another member is entitled to, or has, the floor. Any member may give this notice of the motion to rescind, regardless of how he voted. This notice does not require a second. At the next meeting, if the member who gave the notice fails to move to rescind the resolution or other action, any member may make the motion to rescind. Notice having been given, only a majority vote is required for its adoption. If no member has given previous notice of the motion to rescind the resolution, any === Page 112 =========================================================== member may make the motion. If this motion is adopted by a two-thirds vote, or by a vote of a majority of the membership, the resolution is rescinded. If the motion fails, but seems suf- ficiently popular to warrant it, then notice should be given of the motion to rescind as just described, and at the next meeting the resolution may be rescinded by a majority. The motion to reconsider should be used in preference to rescind whenever possible, since the mere making of the motion to reconsider instantly stops all proceedings under the motion to be reconsidered, and it requires only a majority vote for its adoption. But on account of this the motion to reconsider must be made by one who voted with the prevailing side, and it must be seconded even when it is to be entered on the minutes to be called up at the next meeting; and it can be made only on the day, or the next day after, the vote was taken that it is proposed to reconsider. But, even so, whenever the motion to reconsider can be made it should be given the preference. In an assembly where most of the members are present at the meetings, as a convention of delegates, for instance, the motion to rescind may be used more conveniently, because in such a meet- ing there is but little difference between a vote of a majority of the membership and a majority vote, and the motion to rescind anything except the constitution or by-laws or rules of order may be adopted by a vote of the majority of the membership without giving any previous notice. In an ordinary society it is usually impracticable to secure even the attendance of a majority of the membership, much more so to obtain so large a vote in favor of rescinding a proposition. An assembly cannot rescind a resolution or any vote under which action has been taken that cannot be undone by the as- sembly. For instance, if a bill has been approved and has been paid, it is too late to rescind the order of approval. If any action of the nature of a contract has been taken and the other party has been informed thereof, it cannot be rescinded. Thus an election to membership, or to office, cannot be rescinded after the elected party knows of the election, although by amending the by-laws the term of office may be changed or the office done away with. So acceptance of resignations or expulsion from membership or office cannot be rescinded, provided the party involved was present or has learned of the action. The unexecuted part of an order or === Page 113 =========================================================== resolution may be rescinded. For example, when an order has been adopted requiring nominations and the election to be by ballot, and the nominating ballot has been taken, and it is desired to make it the electing ballot, it is out of order to make such a motion or to move to reconsider or to rescind the order or resolu- tion. But it is in order to move to rescind the unexecuted por- tion of the order, and if that is adopted the motion can be made to declare the nominating ballot to be the electing ballot. This would, however, be out of order if the by-laws required the election to be by ballot. In a few extreme cases it has been voted to rescind a certain resolution and expunge it from the record. This is intended to be a very strong expression of disapproval of the resolution. Such a motion, to deface the records, requires a vote of the majority of the entire membership, and it is doubtful if even that vote is sufficient to authorize such action. If such a motion is carried, the secretary, in the presence of the assembly, encircles the record of the adoption of the resolution and writes in ink across it, "Rescinded and Ordered Expunged ___" [entering the date of its being rescinded and signing the entry officially]. Nothing in the record can be obliterated or cut out, because if done it might be impossible to determine whether something else has been blotted or cut out. As the record remains so it can be read, there would seem to be nothing to justify the action of expunging it. Nothing is accom- plished more than would be done by rescinding the resolution and adopting a resolution strongly condemning the action taken. RENEWAL OF A MOTION [Read in connection with this page 86.] As has been explained on page 79, a question that has been de- cided by the assembly cannot, as a general rule, be introduced again during the same session. In cases where members have changed their opinions, or the assembly has been largely increased by the entrance of members opposed to the action taken, the question may be brought again before the assembly by one of the motions, to reconsider, to amend, or to rescind. With many of the secondary motions a slight progress in the business, or even in the debate, changes the condition of the business so as to justify the renewal of the secondary motion that has just been rejected. The fact that the assembly declined to adjourn before the vote was taken === Page 114 =========================================================== on a certain question does not show that it would not adjourn immediately after that vote was taken. The conditions under which the various motions may be renewed are as follows: A motion that is withdrawn is treated as if it had never been made, because the assembly has not expressed its opinion upon it, and therefore it can be renewed. As long as the vote on a motion may be reconsidered, that motion cannot be renewed. And if, in an ordinary society, a main motion is adopted, rejected, or postponed indefinitely, and a mo- tion is made to reconsider the vote, and then the question is laid on the table or postponed to the next session, the main motion cannot again be introduced until after the close of the next session, because it will either come up at that session as a postponed ques- tion, or it may be taken from the table. In an organization having meetings only annually or semiannually, like national and state societies, a motion laid on the table stays there during that session only, so that it may be renewed at the next session. If a main motion has been adopted, rejected, or postponed in- definitely, it cannot be renewed during the same session, but under certain circumstances the question may be brought before the assembly again as explained under Reconsider, page 82, Amend Something Already Adopted, page 85, and Rescind, page 84. At the next session, however, the main motion may be introduced again, if it failed, or it may be rescinded if it was adopted. If a series of resolutions is lost, any one or more of the series may again be offered at the same session, provided enough is omitted to make the new question so different from the former question that some of those who voted against the entire series may favor the new proposition. The motion to postpone indefinitely cannot be renewed, because if it is lost the assembly will have another opportunity to vote on practically the same question when the vote is taken on the main question, the motion to postpone indefinitely being simply a mo- tion to reject the main question. The motion to amend cannot be renewed at the same session, but the vote on it may be reconsidered, and thus another opportu- nity obtained for discussion and action on the amendment, the same as if it had been renewed. After it is too late to reconsider the vote rejecting an amendment to the minutes, the amendment may be again moved, since it is never too late to correct the min- === Page 115 =========================================================== utes. The same amendment to the constitution, by-laws, rules of order, or standing rules may again be renewed, but all the prelimi- nary steps of notice, etc., are required as at first. The motions to commit, to postpone to a certain time, for the previous question, and those limiting or extending the limits of debate, if lost, may be renewed after material progress in business or debate, so that the question put to the assembly is practically different from the one decided negatively before. The motion to lay on the table may be renewed without any limitation, except that it cannot be made unless there has been such business transacted, or such progress in debate, since it was last made, that it is practically a new question whether the as- sembly under these circumstances will lay the main question aside temporarily; or unless something has arisen that is urgent and was not known by the assembly when it previously declined to lay the question on the table, as, for example, the arrival of a distinguished visitor whom it was desired to introduce to the assembly and invite to make a brief address. The motion to take from the table may be renewed again and again, but not until the business that was taken up after it was lost when last made has been disposed of. The motion to reconsider a question that has not been mate- rially amended since the motion to reconsider was previously made, and an objection to the consideration of a question, cannot be renewed. The motion to suspend the rules cannot be renewed for the same purpose during the same meeting, but it may be renewed at another meeting held the same day. The motion to adjourn and to take a recess may be renewed without limitation, provided there has been business transacted or material progress in debate since they were last moved. The motions to adjourn, to take a recess, and to lay on the table made and lost do not constitute business that justifies the renewal of a motion. The motion to fix the time to which to adjourn, that is, to fix a certain time for an adjourned meeting, cannot be renewed at the same meeting, but it may be reconsidered; or a motion may be made to fix a different time for an adjourned meeting. A call for the orders of the day, if the assembly refuses to proceed to them, may be renewed, but not until after the disposal === Page 116 =========================================================== of the subject before the assembly at the time of the refusal. If a question of privilege or a point of order is decided ad- versely by the chair, it cannot again be raised during the same session, unless upon appeal the decision is reversed. If a decision of the chair is sustained upon appeal, no appeal involving the same principle can be made afterward during the same session. === Page 117 =========================================================== CHAPTER XI MOTIONS RELATING TO ADJOURNED MEETINGS AND TO ADJOURNMENT; FIX THE TIME TO WHICH TO ADJOURN; RECESS; QUESTIONS OF PRIVILEGE Motions relating to Adjourned Meetings ..................................... 117 Fix the Time to Which to Adjourn ........................................... 118 Adjourn .................................................................... 120 Effect of Adjournment on Unfinished Business ............................. 123 Take a Recess .............................................................. 124 Questions of Privilege ..................................................... 126 MOTIONS RELATING TO ADJOURNED MEETINGS AND TO ADJOURNMENT Experience has shown that the best interests of the assembly require that the motions relating to appointing an adjourned meeting, to closing a meeting, and to taking a recess shall take the precedence of all other questions whatsoever, because other- wise the assembly might be prevented from appointing an adjourned meeting, or be kept in session indefinitely against its will. By giving these motions precedence over all others, it is impossible to keep an assembly in session many minutes beyond the time when adjournment is desired by the majority. A mem- ber having the floor cannot be interrupted for these motions with- out his consent. Sometimes the member having the floor yields it for one of these motions, with the understanding that when the sitting is resumed he will be entitled to the floor. If no arrange- ment of this kind can be made, it is necessary to wait until he yields the floor (he cannot hold it longer than ten minutes), and then, if the majority wishes to adjourn, it is more than an even chance that the first member to claim the floor will move to adjourn, or be willing to yield the floor for that motion. These motions cannot be made by members calling them out, either from their seats or when standing, unless they have been recognized by the chair as having the floor. When the motion to adjourn, for instance, has been made in this improper manner, and a member === Page 118 =========================================================== afterward rises to claim the floor for debate or to make a motion, the chair is obliged to recognize him as entitled to the floor, be- cause it is only by general consent that the motion to adjourn, or any other motion, can be recognized when made informally. There are three motions in use relating to adjourning, which rank in the following order: (1) To Fix the Time to Which to Adjourn, that is, to fix the time for holding an adjourned meet- ing; (2) To Adjourn, that is, to close the meeting now; (3) To Take a Recess, that is, an intermission. They are undebatable because of the fact that their high rank allows them to interrupt all other questions, which would greatly hinder business if they were debatable. High rank is incompatible with debate, but where the dignity or rights of the assembly or of a member are involved, or the enforcement of an order of business previously adopted by the assembly is concerned, though they are privileged questions ranking only after those relating to adjourning, their undebatabil- ity lasts only until it is decided whether they will be permitted to interrupt pending business. After the question of privilege or the order of the day is actually before the assembly, it is debatable. The motions to fix the time for an adjourned meeting and to take a recess, if made when no business is pending, are main motions without any privilege. So also the motion to adjourn is a main motion if made in an assembly that has made no provision for a future meeting, or that has already appointed a time for adjournment. FIX THE TIME TO WHICH TO ADJOURN When, in an assembly that has made no provision for an adjourned meeting, it is desired to hold such a meeting, a motion like this should be made: "That, when the assembly adjourns, it adjourns [or, stands adjourned] to 8 P. M. next Thursday"; or, "That, when we adjourn, we adjourn to meet to-morrow night at eight o'clock in this hall." If the assembly has no fixed place for meeting, this motion should include the place as well as the time for the adjourned meeting. It is preferable to make this motion when no other business is pending, in which case it is simply a main motion that can be debated and amended and have applied to it any of the subsidiary motions. In some cases it is desirable to refer the motion to a === Page 119 =========================================================== committee to recommend a time and place for an adjourned meet- ing. But it sometimes happens that, after the advisability of holding an adjourned meeting has become apparent, there is no opportunity for introducing a main motion, and then this highest of all privileged motions is the only recourse. A member having the floor cannot be interrupted by this motion. If the one wishing to make it fails to obtain the floor, he can usually secure the consent of the member who is assigned the floor, before he has commenced speaking, to yield the floor to him for a moment to make the motion fixing the time for an adjourned meeting. If there is no other opportunity to make his motion, he can do it even after the assembly has voted to adjourn, provided the chair has not declared it adjourned; but it should not be deferred until the motion to adjourn is made, if this can be avoided. It cannot be made during the voting. There is no way to prevent the motion's being made, and therefore there is no necessity for its unduly interfering with business. This is the highest of the privileged motions, taking precedence of all others if made while other business is pending in an assembly that has made no provision for another meeting on the same or the next day. Under all other circumstances it is a main motion. When referred to, the privileged motion is always meant, unless the contrary is stated. When privileged, it is undebatable. It may be amended as to time and place, and these amendments are undebatable. No other subsidiary motion can be applied to it when it is a privileged motion, except that the previous question may be ordered to prevent amendments from being moved, though it is seldom that anything would be gained thereby. The motion to fix the same time cannot be renewed at the same meeting, but it may be reconsidered. Sometimes this motion, instead of specify- ing the time for the adjourned meeting, provides for the assembly's being called together again by the chair or by a committee, thus: "That when we adjourn we adjourn to meet at the call of the chair." The essential thing in this motion is that it shall provide for the next meeting. Every permanent organization should provide in its by-laws for its regular meetings, and also for a method of calling special meetings. Conventions and other bodies holding sessions lasting several days should adopt a program, or order of business, or order of exercises, as it is variously called. By doing this the === Page 120 =========================================================== use of this motion in such organizations is avoided, except when it becomes desirable to hold an adjourned meeting of one of the regu- lar or special sessions, as in the case of an annual meeting for the election of officers, etc., when the assembly is unable to com- plete the work assigned by the by-laws to the annual meeting. The motion "to fix the time to which to adjourn" is a very different motion from one "to fix the time at which to adjourn." The former motion fixes the time for holding an adjourned meet- ing, whereas the latter motion fixes the time for closing the present meeting, and is always a main motion. A motion appointing the time and place for holding the next annual convention in a state or national organization is not the same as this motion to fix the time to which to adjourn. The former appoints a time and place for a meeting provided for by the by-laws, which meeting is an independent session and not an adjournment of the present meet- ing. The absolute necessity for the convention's deciding the question makes the motion fixing the time and place for the next convention a question of privilege [see page 126], which outranks all motions except these three relating to an adjourned meeting, adjournment, and recess. ADJOURN [Before reading this, read pages 117, 118.] When it is desired to close a meeting,(1) the proper motion to make is "to adjourn." This word strictly means "to another day," but it is used now as the equivalent of "to close the meet- ing now," and has nothing to do with whether the assembly meets again on another day, or on the same day, or never meets again. The question of the time when the assembly shall meet again should be decided before the motion to adjourn is made, though, as has been previously stated, it may be done even after it is voted to adjourn, provided the motion to fix the time to which to adjourn is made before the assembly has been declared ad- journed. Whenever the effect of its adoption is to dissolve the assembly, the motion to adjourn is a main motion that may be debated, amended, or referred to a committee, or have any other subsidiary motion applied to it. This is the case in a mass meeting until some provision is made for an adjourned meeting or for calling -------------------------------------------------------------------------------- (1) For difference between Meeting and Session. see page 358. === Page 121 =========================================================== another meeting. The motion to adjourn is also a main motion without privilege in a convention of delegates, before the adop- tion of any program and provision for holding another meeting; and during the last meeting provided for by the program, since its adoption in either case would dissolve the assembly. Usually in such cases the motion is made to "adjourn sine die,"(1) or "without day," which means to dissolve the assembly. What- ever form the motion has, if it is adopted and its effect is to dissolve the assembly, the chair, after announcing the vote, should declare the assembly "adjourned without day," or "sine die." If a time has been appointed for the adjournment of the meet- ing by adopting a motion to that effect, or a program or order of business, or if the by-laws fix the hour for adjournment, the mo- tion to adjourn is not a privileged motion. In such a case high privilege would probably prove more of an annoyance than a benefit. If the motion to adjourn is qualified in any way it loses its privileged character. Thus, "to adjourn to 2 P. M. Tuesday" and "to adjourn without day" are main motions. Every permanent society with meetings as often as quarterly has by-laws that provide for future meetings, and usually there is no fixed hour for adjournment, so that the motion to adjourn in such societies is always a privileged motion. In boards and committees future meetings are provided for, or they can be called by the chairman, and there is no fixed hour for adjourn- ment, so that to adjourn is always a privileged motion in boards and committees. Unless specified to the contrary, whenever this motion is referred to, the privileged motion to adjourn is meant. The privileged motion to adjourn takes precedence of every other motion except to fix the time to which to adjourn, to which it yields. It cannot be made when another member has the floor, or during a division, or while verifying a vote. It is undebatable and cannot be amended or have any other subsidiary motion applied to it. While the motion to adjourn is undebatable, it does not mean that there should not be a brief conference after it has been made, when, in the opinion of the chair, the interests of the assembly are conserved thereby. In meetings, such as conventions, holding sessions lasting for days, there are usually notices to be given before the close of each meeting, and the chair should not put the question on adjourning, or taking a recess, -------------------------------------------------------------------------------- _ _ _ _ (1) Pronounced si-ne di-e. === Page 122 =========================================================== until he has given an opportunity for announcing all such notices. There may be important business that should be attended to before adjourning, in which case it should be stated, and a re- quest made that the motion to adjourn be withdrawn. If it is not withdrawn it must be put to vote, and it will probably be voted down, as the importance of not adjourning has been stated. Such remarks and requests are not debate, and the chair has the power and the duty to keep them within proper limits, and to allow only such as the interests of the assembly demand. These remarks apply especially to annual meetings of societies whose by-laws prescribe that certain things must be done at these meetings, and that certain other things cannot be done at any other meetings. In such meetings care must be exercised not to adjourn until all the business has been attended to, or an adjourned meeting has been provided for. On account of the right of any member to demand a division of the assembly on any vote, that is, that a rising vote shall be taken, the chair must be careful not to declare the assembly ad- journed until a reasonable opportunity has been afforded for a division to be called for. All votes are usually taken by voice (viva voce),(1) or by show of hands, without counting. But if a single member, without even rising, calls for a division, it is neces- sary to take a standing vote, and a majority may require the vote to be counted, in which case the number voting on each side is entered in the minutes. In order to afford time for this, unless there is a decided majority on one side, the chair should announce the vote on an adjournment in this form: "The ayes seem [or appear] to have it; the ayes have it; the motion is carried [or adopted], and we stand [or, the assembly stands] adjourned [or, adjourned to two o'clock to-morrow afternoon]." When the adjournment closes the session so that the next meet- ing will be at the time of the next regular session as appointed by the by-laws, the chair simply declares the assembly adjourned, without saying anything about the next meeting. If an adjourned meeting has been provided for, he should always state the time to which the assembly stands adjourned. If the adjournment dis- solves the assembly, as in case of the final adjournment of a con- vention, or a mass meeting with no provision for a future meeting, he should declare the assembly "adjourned without day." -------------------------------------------------------------------------------- _ _ _ (1) Pronounced vi-va vo-se. === Page 123 =========================================================== If, immediately after declaring the assembly adjourned, the chair learns that a member had risen to move a reconsideration and had addressed the chair before the adjournment was de- clared, it is his duty to ignore the declaration of adjournment and to call the assembly to order at once and state the facts and allow the motion to reconsider to be made. He then announces the mo- tion to reconsider, and proceeds according to the motion it is proposed to reconsider, the same as if the motion to reconsider had been made before he had declared the adjournment. A similar course should be pursued whenever the chair declares an adjourn- ment without recognizing a member who was entitled to give a notice or make a motion that is in order after the assembly has voted to adjourn. The motion to adjourn cannot be reconsidered, but if lost it may be renewed again and again, provided there has been ma- terial progress in debate or business since it was last made. On account of this, like the motion to lay on the table, it may be used for obstructive purposes unless the chair prevents it, as explained under Dilatory Motions, page 177. Effect of an Adjournment upon Unfinished Business. The effect of an adjournment upon the pending business depends upon whether or not it closes a session of the assembly. (1) If it does not close the session, business is resumed at the next meeting where it was interrupted, just as if there had been no adjournment. Such business is, however, subject to any rules, program, or order of business that may have been adopted. (2) If it closes a session of an assembly that does not meet regularly as often as quarterly, all pending business falls with the adjournment, and if taken up at the next session it must be intro- duced anew. Annual conventions of national and state organiza- tions fall under this rule. The objections to allowing business to go over for six months or a year surpass the advantages. [See Session, page 358.] (3) If the adjournment closes a session of an assembly hav- ing regular meetings as frequently as quarterly, the unfinished business goes over to the next meeting, and it is taken up under its proper heads as prescribed by the adopted order of business. This is the case with ordinary clubs and societies having regular meetings once a month or oftener. The business of Standing Committees and Boards also falls under this rule. === Page 124 =========================================================== (4) If the body is an elected or appointed one, as a board of managers, and the term of office of a certain portion of the mem- bers has expired and new members have been appointed or elected since the adjournment, then the adjournment puts an end to un- finished business, which, if taken up at the next meeting, must be introduced anew. In committees, except committees of the whole, the motion to adjourn is used just as in the assembly, except that, when a special committee has completed its business and finally adjourns, it is better form to vote to "rise," which is equivalent to the mo- tion to adjourn without day and is therefore a main motion. A committee of the whole cannot adjourn to another time: it can only "rise and report." Where a committee adjourns without having appointed a time for its next meeting, the adjournment in effect is at the call of the chairman of the committee, as he can at any time call a meeting of the committee. The motion "to adjourn at the call of the chair" is therefore never made in com- mittee. RECESS [Before reading this, read pages 117, 118.] An intermission during a day's proceedings of a deliberative assembly is called a recess. Recesses are often taken for meals, and while the ballots are being counted in an annual election. When the session lasts for several consecutive days, as with an annual convention, and an adjournment is taken over to the day after the next, for instance, then the convention is said to take a recess until that day. If, however, a society has regular meetings, say weekly, lasting usually for a day or a part thereof, and a meeting is adjourned to meet in a day or two, the inter- val between the two meetings is not spoken of as a recess, but the second meeting is referred to as an adjournment of the first meeting, and the two meetings together constitute a single ses- sion. A recess may occur (1) from having adopted a program or order of business providing intermissions for meals, or other purposes; (2) or from having voted that when the assembly ad- journs it adjourns to meet at a certain hour the same day, or, in case of a convention, on another day, in which case, when an adjournment is voted, the chair states that the assembly stands adjourned to that time; (3) or from having adopted a motion === Page 125 =========================================================== "to take a recess for ___ minutes," or, "that a recess be taken until 2 P. M.," or, "that the assembly take a recess until ___." In the first case, on the arrival of the time set for the adjourn- ment the chair announces that the assembly stands adjourned, or in recess, until such and such an hour. If a member is speak- ing at the time, the chair may at his discretion permit the speech to be finished, unless some one calls for the orders of the day. He may take a vote on proceeding to the orders of the day, that is, carrying out the program, or, if no objection is made, he may at once declare the assembly adjourned until the specified hour. Like any other order of the day, when the time arrives the as- sembly may by a two-thirds vote decline to enforce it immediately. In the second case, since only the time for holding the adjourned meeting has been determined, the chair waits until the assembly votes to adjourn, and then states that the assembly stands ad- journed to the specified time. In the third case, as soon as it is voted to take a recess, the chair announces that the assembly stands in recess, or adjourned, to the specified hour. In all cases of recess, whether they arise from the motion to take a recess or not, the chair should announce the time at which the assembly is to reconvene, and when that hour has arrived the chair calls the assembly to order and the business proceeds the same as if there had been no intermission, except in cases where the pro- gram or order of business provides otherwise. The motion to take a recess for a specified time takes effect immediately upon its adoption. If made while other business is pending, it is a privileged motion taking precedence of all others except the motions to fix the time to which to adjourn, and to adjourn, to which it yields. It may be amended as to the time, but no other subsidiary motion can be applied to it, except that the previous question can be applied to it in order to prevent motions to amend, though in ordinary societies this is useless. It is undebatable. It cannot be reconsidered, for if the motion for a recess is carried the assembly is not in session until the recess is over, and if the motion is lost it may be renewed after there has been sufficient progress in debate or business to make it a new question. Take a Recess as a Main Motion. The motion to take a recess, if made when no question is pending, is a main motion subject to debate, amendment, etc., the same as any other main motion. The === Page 126 =========================================================== motion to take a recess at a future time is always a main mo- tion without any privilege. QUESTIONS OF PRIVILEGE As a general rule, when a question is under consideration by the assembly no new question can be introduced until the other one is in some way disposed of. While a subject is pending the motions in order relate either to the disposal of that question, or to adjournment, or to the enforcement of the rules, or are in some way incidental to the pending business. But at times there arise questions that affect the rights and privileges of the as- sembly or of a member, and that require immediate attention. Experience has resulted in establishing the parliamentary prin- ciple that such questions, called Questions of Privilege, shall take precedence of all other questions except those relating to an ad- journed meeting, or to adjournment, or to a recess. Questions of Privilege must not be confused with Privileged Questions, which latter include motions to fix the time for an adjourned meeting, to adjourn, to take a recess, to raise a ques- tion of privilege, and to call for the orders of the day. Ques- tions of privilege are divided into questions affecting or relating to the privileges of the assembly, and questions of personal privilege. If the two classes of questions come into competition, a question affecting the privileges of the assembly outranks a question of personal privilege. Questions of privilege relating to the assembly are like the following: questions relating to the organization or existence of the assembly; or to the comfort of its members, as the heating, lighting, ventilation, of the hall, and freedom from noise and other disturbance; or to the conduct of its officers or employees; or to the punishment of a member for disorderly conduct or other offense; or to the conduct of reporters for the press, or to the accuracy of published reports of proceedings. Questions of personal privilege are such as relate to the indi- vidual as a member of the assembly, as, for instance, charges that have been circulated against his character that if true would disqualify him from membership, or the case of a member's learn- ing, after minutes have been approved, that he is credited with offering a resolution to which he is bitterly opposed. He can rise to a question of personal privilege and insist that the error === Page 127 =========================================================== in the minutes be corrected. He cannot rise to a question of per- sonal privilege in order to correct a speaker's incorrect state- ment of his views or argument, or to request information, etc. Such incidental matters are attended to by requests for per- mission to correct the speaker, or by requests for information, or by raising points of order. In ordinary societies it is very seldom that a question of personal privilege can arise. When a question of privilege arises, the member desiring to bring it before the assembly should preferably choose a time when no other business is before the assembly. If there is no such opportunity, he should wait until a member yields the floor, and then rise and address the chair, and as soon as he at- tracts the chairman's attention, without waiting for recognition he should say, "I rise to a question of privilege." The chair though he has assigned the floor to another member, should at once direct him to state his question, which he does, and the chair decides whether or not it is a question of privilege. From this decision any two members may appeal. The decision and the appeal are undebatable. If the question is decided to be one of privilege, the chair immediately assigns the floor to the mem- ber who raised the question, even though he has previously recog- nized another as having the floor. The latter member should resume his seat. The question that was pending is now laid aside until the question of privilege is disposed of, after which the consideration of the former is resumed, the chair assigning the floor to the member who was entitled to it when the question was interrupted by the question of privilege. The privileged matter may be disposed of without any motion, or it may be neces- sary to make a suitable motion. When this privileged motion has been made and the question stated by the chair, it is treated exactly like any other main mo- tion, its privilege extending only to giving it the right to inter- rupt any question except the privileged motions relating to an adjourned meeting, adjournment, or recess, and it cannot be in- terrupted by the orders of the day. Therefore it is debatable, and it may be amended and have any other subsidiary motion ap- plied to it, and it yields to the motions relating to an adjourned meeting, or to a recess, and to incidental motions. It is like any main motion in regard to reconsideration and renewal. If the case is one of exceeding urgency it may interrupt a === Page 128 =========================================================== member even while speaking, as, for instance, when street doors have been opened, exposing the rear of the hall to so much noise that the members sitting there cannot hear the discussion. When the question is not so urgent the chair should not allow it to interrupt a member while he is speaking. If a member attempts such an interruption, the chair may recognize the question as one of privilege, but not of such urgency as to justify its in- terrupting a member's speech. In such a case, as soon as the speech is finished the chair recognizes the member who raised the question of privilege. The following is a case of this kind: Suppose a member were to claim as a question of privilege the right to interrupt another member while speaking, in order to introduce a motion requiring that a certain reporter withdraw from the assembly hall and that he be refused admission to the hall until he offers an apology to the assembly and promises to retract in his paper the false statements he has published in re- gard to the proceedings of the previous day. The chair, in such a case, should recognize it as a question of privilege that would be in order as soon as the member has finished speaking, but not of such urgency as to justify interrupting a member while speaking. As soon as the floor is vacant, the chair should recog- nize the member to raise his question of privilege. === Page 129 =========================================================== CHAPTER XII MOTIONS RELATING TO THE ORDER OF BUSINESS Call for the Orders of the Day ............................................. 129 Order of Business .......................................................... 130 Orders of the Day .......................................................... 133 General Orders ........................................................... 133 Special Orders ........................................................... 134 Program for a Meeting with Hours Designated for Different Topics ......... 137 Illustrations of Procedure in Carrying Out the Order of Business ......... 141 To Take Up a Question Out of Its Proper Order .............................. 145 The various motions relating to the order of business can be most readily understood by treating them together. The expres- sions Order of Business and Orders of the Day are frequently synonymous, but the order of business laid down in the by-laws or rules of order should usually be referred to as such, and not as the orders of the day. The order of business for any par- ticular meeting, which is the prescribed order, modified perhaps by having special orders and general orders made for that meet- ing, is known as the "orders of the day." If it is desired to transact business out of its proper order, it may be done by a two- thirds vote, as described at the close of this chapter. CALL FOR THE ORDERS OF THE DAY Whenever the prescribed order of business is deviated from, instead of raising a question of order, a member "calls for the orders of the day," which means that he demands that the orders of the day be complied with, that is, that the next subject in the order of business be taken up. As a single member, while another has the floor and is speaking, has a right, without recognition by the chair and without a second, to raise a question of order or to demand that the rules be enforced, so a single member, while another has the floor, has a right, without recognition and without a second, to call for the orders of the day. As a point of order must be raised at the time the rules are violated, and is undebatable, so the orders of the day must be called for at the time they are deviated from (except in case of a special order) === Page 130 =========================================================== and the call is undebatable. If a new question is permitted to be introduced and the debate has begun, it is too late to call for the orders of the day until that question has been disposed of, unless the hour has arrived for which a special order has been assigned. The objector must rise as soon as the new subject is introduced, regardless of the fact that another has the floor, and say, "Mr. Chairman." As soon as he attracts the chair's attention he adds, "I call for the orders of the day," or, "I de- mand the regular order." The chair should then immediately say, "The orders of the day are called for [or, The regular order is demanded]. As many as are in favor of proceeding to the orders of the day, say 'Aye.' Those opposed, say 'No.'" If the nega- tive side is less than two thirds the chair says, "There being less than two thirds in the negative, the ayes have it and the orders of the day will be proceeded with." He then announces the next subject in the order of business. If there is a two-thirds vote in the negative the vote is announced thus: "There being two thirds in the negative, the noes have it and the orders of the day will not be taken up. The question is on the resolution," etc. [stating the question that was interrupted by the call for the orders of the day]. A two-thirds vote in the negative is required to prevent the orders of the day from being enforced, because such action is a suspension of the rules. Instead of taking a vote on proceeding to the orders of the day, the chairman may rule the new motion out of order and announce the next busi- ness in order. In this case the new motion can be introduced at that time only by suspending the rules, as explained on page 156. [See Illustrations at the close of this chapter.] ORDER OF BUSINESS Every deliberative assembly, except a mass meeting for a special purpose, should have some plan, or program, or order of business, so as to insure an opportunity for the consideration of the most important business. If there is no order in which business must be transacted, the member who first obtains the floor has the right to introduce any resolution he pleases, pro- vided it relates to matters with which the society is concerned and comes within the rules of propriety as laid down under Dilatory and Improper Motions, page 177. An ordinary society with === Page 131 =========================================================== meetings weekly, fortnightly, or monthly, lasting only an hour or two, is sufficiently protected by adopting an order of business that merely prescribes the order in which the different classes of subjects shall be considered, without specifying the time allotted to each. The meetings are so frequent and short that it would be a hindrance to allot the same amount of time at each meeting to each class of subjects. At one meeting a committee's report might occupy the entire time, while at the next meeting there might be no report from any committee. The better way, usually, for such societies is to prescribe only the order in which the business shall be transacted, leaving the amount of time to be devoted to each subject and class of subjects to those who attend the meeting. The order that experience has shown to be the best in organizations with regular meetings as often as quarterly is as follows: (1) "Reading the minutes of the preceding meeting, and their approval." Occasionally, owing to the absence of the secre- tary or to some other cause, this is neglected, in which case the minutes of all the meetings that have not been approved should be read at the opening of the next meeting. They should be read and approved separately in the order of the dates of the meetings. When there is more than one meeting in the day, the minutes are read only at the opening of the first meeting of each day. (2) After the minutes of the preceding meeting or meetings have been read, the first business to be attended to is the "Reports of Officers, Boards, and Standing Committees of the society." If they have any reports to make to the society, such reports should certainly be heard in preference to any proposition coming from one who is only a member of the assembly. (3) If a matter has been referred to a special committee which is now ready to report, an opportunity should be given the com- mittee at this time. Hence the next class of subjects in the order of business should be "Reports of Special Committees." (4) Sometimes there is a very important subject that the as- sembly wishes to consider at the next meeting in preference to everything except the minutes and reports of committees. In such a case it should be postponed to the next meeting and made a spe- cial order. Accordingly, after committees' reports are disposed of, the first order of business is "Special Orders." If there is === Page 132 =========================================================== more than one special order, the one first made is taken up first. If a special order was pending at the adjournment of the previous meeting, it precedes the others. (5) After the minutes, the reports of officers and committees, and special orders have been disposed of, the business that was undisposed of at the previous meeting should be taken up at the point where the adjournment interrupted it. If any question, except a special order, was actually pending at the time of ad- journment, its consideration is resumed. When it is disposed of, the general orders for the previous session that were not reached are taken up in their proper order, and then the questions that were postponed to this meeting. These postponed questions, or general orders, as they are called, are taken up in the order in which they were made. It will be seen, then, that it is necessary to dispose also of "Unfinished Business and General Orders" before any new business can be introduced. (6) The meeting is now open to "New Business." If some new business is of great importance, or if for some other reason it is desired to consider it earlier in the meeting, it can be done by general consent or by suspending the rules by a two-thirds vote. In the same way, any item of business may be taken up out of its proper order. In other words, the order of business is con- formed to unless at least two thirds of those who vote wish to deviate from it. Usually, however, it is not necessary to have a formal vote, since in such cases it is arranged informally by gen- eral consent. The order of business stated above is the most natural one, and is the customary one in societies with regular meetings as fre- quent as quarterly. It may be summarized thus: Order of Business. (1) Reading and Approval of Minutes. (2) Reports of Officers, Boards, and Standing Committees. (3) Reports of Special (Select) Committees. (4) Special Orders. (5) Unfinished Business and General Orders. (6) New Business. In societies with sessions lasting only a few hours the above order of business will suffice until experience has shown how it may be improved for the particular society. If it is desired to modify it, a suitable order of business should be prepared and adopted, just as rules of order are adopted. It may be modified for any === Page 133 =========================================================== meeting by making a question the special order for that meeting, or a special order for a certain hour, as explained hereafter, or by suspending the rules and taking up a question out of its proper order. These motions are undebatable, and, since they interfere with the established order, require a two-thirds vote for their adop- tion. ORDERS OF THE DAY The order of business adopted by the society as modified by the making of special orders for the meeting, or postponing ques- tions to the meeting, constitutes the Orders of the Day for that meeting. These orders are divided, according to their importance, into General Orders and Special Orders. The distinction between them is that, as a rule, a general order cannot interrupt pending business, and therefore can be made by a majority vote; while a special order, when the hour appointed for it arrives, can interrupt pending business, and therefore can be made only by a two-thirds vote. General Orders comprise all the subjects designated in the order of business for which no hour is designated, and also all questions postponed to the meeting, even though they have been postponed to a designated hour, provided they were not made special orders. In an ordinary society, with sessions lasting only one or two hours, nothing is accomplished by designating the hour to which a question is postponed, except to prevent its being taken up before that hour unless the rules are suspended by a two-thirds vote. The postponed question cannot be taken up at the designated hour unless everything in the order of business before general orders has been disposed of. The reason for this is that it requires only a majority vote to postpone a question to a designated time, and a bare majority cannot change the order of business that has previously been adopted. If it is desired to have the question considered at a certain time, regardless of the regular order of business, then it is necessary that the question be made a special order for that time, which requires a two-thirds vote, as explained farther on. Even if general orders have been announced and the designated hour has arrived, the question postponed to that hour cannot be taken up until all questions that were previously postponed have been disposed of, because general orders rank in the order in which they were made, the question first postponed being taken === Page 134 =========================================================== up as soon as general orders are announced. In no case, how- ever, should a general order be taken up before the time for which it was made. The chair should announce the general orders in their proper order, and if he should fail to do so any one can call for the orders of the day, as already explained. In a convention lasting several days there is usually some time allowed every day for miscellaneous business, during which post- poned questions should be taken up before new questions are al- lowed. The chair should announce these questions in the order in which the votes were taken on postponing them. If the hour is designated for considering a question, another one may afterward be postponed to an earlier hour. Suppose a question is postponed to 4 P. M., and later another question is postponed to 3:45 P. M. Now, if the latter question is taken up before 4 P. M. and is not disposed of at that hour, it cannot be interrupted by the other question. It is not proper to call for the orders of the day when 4 P. M. arrives, because general orders can never interrupt a pend- ing question. It would not be proper to postpone a question to so short a time before the hour to which another question had been previously postponed that it will manifestly interfere with the previous order. But if two thirds of the assembly wish a question to be postponed and to have the precedence over one already postponed, they can accomplish it by making the pre- ferred motion a special order. In the case mentioned above, if the question postponed to 3:45 P. M. has not been taken up when 4 P. M. arrives, it cannot then be taken up until the one postponed to 4 P. M. has been dis- posed of, because the latter was postponed first. The principles governing all such cases are these: (1) General orders cannot interrupt a question after it has been stated by the chair. (2) General orders made at the same time rank in the order in which they are arranged in the motion making the order. (3) General orders made at different times rank in the order in which they were made, provided that no order is taken up before the time to which it was postponed. A Special Order is a resolution, report, or other main motion, or other matter that has been assigned to a certain meeting, or hour of that meeting, with the high privilege of having the right to be considered at the time specified, even though it interrupts another question, or conflicts with some rule of the assembly. It === Page 135 =========================================================== cannot be taken up before the designated time, except by a two- thirds vote. A special order may be fixed for a certain hour; or after a certain event, as an address; or it may be a special order for a meeting; or it may be the special order for a meeting. In the first two cases, when the designated time arrives, the special order can interrupt any question except a special order that was made before it was made, or a question of privilege, or a question relating to adjournment or recess. When a question is made a special order after an event, it follows the event immediately, and is treated precisely as if it had been made for an hour that had arrived. When the question has been made a special order for a meeting that has an order of business that provides for special orders or for orders of the day, it cannot be called up earlier than the order of business provides, unless the rules are suspended. But if there is no provision for special orders or orders of the day in the order of business, then any one may call for the orders of the day at any time after the disposal of the minutes. If several special orders are made for the same time, they take precedence in the order in which they were made, the first having the prefer- ence. If the question has been made the special order for a meet- ing, it is announced as the pending business immediately after the disposal of the minutes of the previous meeting. To Make a Special Order. Making a special order suspends the rules that would interfere with its consideration at the desig- nated time, and therefore requires a two-thirds vote. The motion to make a special order is debatable and may be amended by a majority vote. A special order may be made in any of the three ways following: (1) by adopting a motion postponing the pend- ing question to a certain time and making it a special order; or (2) by introducing a question and moving that it be made a special order for a certain time; or (3) by adopting a program specifying the hour when certain subjects shall be taken up. (1) In the first case, the motion is a form of the motion to post- pone, and may be made thus: "I move to postpone the question and make it a special order for the next meeting [or, for 9 P. M. at the next meeting]"; or, "I move to postpone the question and make it the special order for the next meeting." The latter form is used only when it is desired to devote the entire meeting, or as much of it as is required, to the consideration of the special order. === Page 136 =========================================================== (2) When the question is not pending, the motion to make it a special order is a main motion, and can be made only when noth- ing is before the assembly. If it is desired to make a resolution a special order, the motion may be made in a form similar to this: "I move that the following resolution be made the special order for 4 P. M. at the next meeting: 'Resolved, '-- " [reading the resolution]. If this motion is adopted by a two-thirds vote, the effect is to postpone the question and make it a special order for the time specified. If it is a committee's report which has not yet been made, the motion could be made thus: "I move that the report of the committee on revision of the by-laws be made the special order for the next meeting." While this is a main motion, it requires a two-thirds vote for its adoption, just as any other motion to make a special order, and for the same reason, namely, that it suspends all rules that may interfere with its consideration at the designated time. (3) The third method of making special orders is by adopting a program for a meeting, designating the hour when each topic shall be considered. This is very common in conventions lasting several days. The program is prepared usually by a committee, and when submitted is, like other reports, a main question, open to debate and amendment. Although there is no statement to that effect, yet the form of the program implies, as explained under Program in this chapter, that each question will be disposed of before the hour arrives for taking up the next subject. When special orders are made by either of the other methods, there is no implication as to any limit of time for their consideration. When special orders that were made at different times come into conflict, they take precedence in the order in which they were made, the one first made outranking those made afterward. If they were made at the same time and for the same hour, they take rank in the order in which they are arranged. If they were made at the same time and for different hours, as a program for a con- vention, each subject has the preference at the hour fixed for its consideration, and can then interrupt the pending question, even though that question is a special order, since such a program im- plies that the time for each topic is limited to the time before that appointed for the next subject. Suppose, for instance, that special orders have been made for 3:45 and for 4 P. M., and that when four o'clock arrives the special order for 3:45 has not been disposed === Page 137 =========================================================== of: if the special order for 4 P. M. was made after the order for 3:45 was made, it cannot interrupt the pending question, but must wait until the earlier special order is disposed of; if, how- ever, the special order for 4 P. M. was made before, or at the same time as, the 3:45 special order was made, when 4 P. M. arrives the special order for that hour must be announced, thus inter- rupting the pending business. As soon as the interrupting ques- tion is disposed of, the consideration of the interrupted one is re- sumed, provided the hour has not arrived for the consideration of another special order that was made before or at the same time that the interrupted one was made. The principle is that when a special order is made it cannot interfere with one already made, nor be interfered with by one that is made afterward. If it is desired to do this, it is necessary first to reconsider the vote cre- ating the special order that is to be interfered with. It does not interfere with a special order made for 5 P. M. to make one for 4 P. M. afterward, for if the latter is still pending at 5 P. M. it is necessary only to call for the orders of the day to bring before the assembly immediately the question as to whether the assembly will proceed to the orders of the day, that is, take up the special orders for 5 P. M. If the question is decided in the negative by a two-thirds vote, the orders of the day cannot again be called for until the pending question is disposed of. Program, or Order of Business, for a Convention with Desig- nated Hours for Each Subject. In conventions lasting an entire day or several days, an order of business like the one described on page 132 would prove unsatisfactory. It is necessary to desig- nate not only all the subjects, or class of subjects, that must be attended to, and the order in which they are to be considered, but also the day and in most cases the hour when each important ques- tion is to be taken up, and the hours for opening and closing each meeting. This program should cover the entire session of the con- vention. Sometimes speakers are selected for the opening addresses on certain topics which are afterward open to discussion, in which each member is limited to one speech of one or two minutes, as designated in the program. Sometimes distinguished speakers, not members of the convention, are invited to deliver addresses. Usually the program is so crowded that the slightest deviation from it is unfair to the succeeding speaker or subject, and to the members who have come especially to hear the speaker or the dis- === Page 138 =========================================================== cussion assigned to that hour. The assembly has the power by a two-thirds vote to extend the time of a speaker or subject, but it is rarely expedient to do it when it interferes with the subject that follows. If the program is disarranged at one point it is usually very difficult to avoid many other changes. Program Committee. The success of a convention is largely de- pendent upon its program being properly prepared and advertised. As this must be done before the opening of the session, it is neces- sary that a strong program committee be appointed at the previous convention, or by the president or the board or the executive committee at least three or four months before the session begins. When the program has been completed, the committee should have enough copies printed so as to have a sufficient number left for the use of the delegates at the convention after copies have been mailed to every constituent society. The constituent societies should be furnished with copies of the program some weeks previous to the convention, so as to stimulate interest in the meeting. This is especially important when there are to be addresses by distin- guished speakers. On account of the necessity for having the programs printed and distributed in advance, the committee must have the authority to decide upon a program, to engage speakers when that is thought advisable, and to determine the time for the various subjects to come before the convention. This enables members who cannot attend all of the meetings to make their arrangements to be present when the subjects in which they are specially interested are being considered. Generally the power to work out details is supposed to belong to the program committee without any provision being made for it in the by-laws. If this has not been established by custom, the by-laws should be so amended as to provide for it. The program should be submitted to the convention at its first business meeting, and should be adopted. During the convention changes may be necessary or advisable. Speakers may fail, and there may be reasons that justify other changes in the program. All proposed changes should go to the program committee, which continues in existence until the convention adjourns sine die. It may report at any time, recommending changes upon which the assembly votes. A two-thirds vote or a vote of a majority of all the registered delegates is necessary to make a change in the program. When a program or order of business is adopted, since it desig- === Page 139 =========================================================== nates the hour for each subject, it is implied that the consideration of any subject is limited to the time previous to that appointed for taking up the next question, or, in other words, that the assembly has ordered debate closed before the arrival of the hour assigned to the next subject on the program. The chairman, therefore, should not wait for a call for the orders of the day, and if they are called for, he should usually not take a vote on proceeding to them, but when the hour arrives for the next subject he should announce the fact, even though it is necessary to interrupt a mem- ber while speaking. He immediately puts to vote all pending ques- tions, if there are any. No amendment or debate is allowed, but the motions to commit, to postpone, and to lay on the table should be permitted, though without debate. Of course privileged and incidental motions are in order. If the majority wish more dis- cussion on the question, final action on it may be deferred by the use of the subsidiary motions mentioned above, but the chair should not allow any more time to be consumed by these motions than is strictly necessary to ascertain whether the assembly wishes to defer action on the question. If the chair is satisfied that the vote fairly expresses the will of the assembly, dilatory motions and divisions should not be permitted. When the chair announces the time for closing the discussion, any one may move that the time for considering the pending ques- tion be extended a certain number of minutes. Since this motion, if adopted, changes the order of the assembly, it requires a two- thirds vote. If the chair allows the discussion to extend beyond the allotted time, any one may call for the orders of the day, and the chair proceeds as just described. When a speaker has been invited or appointed to speak for a certain time and he overruns his time, he should not be called to order, nor should the orders of the day be called for. It would be extremely discourteous to an invited speaker. Still, it is the duty of the presiding officer to enforce the rules, and when the speaker's time has expired the chair should immediately indicate it in as quiet a way as possible, as by tapping on a book with a pencil. A good method is to inform each speaker when he comes to the platform that a certain signal will be given one or two min- utes, as agreed upon, before the expiration of his time, and that it will be repeated at the close of his time. A similar case is likely to occur when several persons have === Page 140 =========================================================== been invited to address a meeting, where addresses are limited as to the time to be occupied in their delivery. As in the previous case, the presiding officer should inform each speaker as to how he will be warned that his time has nearly expired. The chair- man or, in large assemblies, the time-keeper should notice the time that each speaker begins, and give the warning signal at the proper time. If, in either of these cases, when the time has expired the speaker is evidently closing his speech and will have finished in a moment, the chair should not interrupt him. Otherwise, after giving the signal for stopping, the chairman should rise and ad- vance to the front of the platform, thus indicating to the speaker that the chairman wishes to speak. If this hint is not taken, the chairman must interrupt the speaker and say that the speaker's time has expired. Great tact is needed in such cases to avoid, as far as possible, hurting the feelings of the speaker, and at the same time to protect the other invited speakers from having their time infringed upon. No one should be invited to deliver an ad- dress, especially when others have also been invited to speak at the same meeting, without being informed as to the limit of time allowed him. Every invited speaker should consider that he is in honor bound not to interfere with the program of the meeting. Being the guest of the assembly, he should scrupulously refrain from causing embarrassment by interfering with the rights of other guests by unduly prolonging the meeting, or by forcing the pre- siding officer to intervene in order to protect the rights of others. Program of a Meeting in an Assembly Not a Deliberative One. The program referred to in this article is the program or order of business of a deliberative assembly that designates the hours for taking up some or all of the business to come before it. The rules given do not apply to the program of a meeting that is social or literary, etc. Many societies devote the first part of the meeting to business and the rest, the greater part, to other exercises, for which latter part they have what is termed a program. The pro- gram is usually under charge of a committee, the society not interfering with it in any way. The committee fills vacancies in the program as they occur, without reporting to the society for ap- proval. The society is not acting as a deliberative assembly in this social or literary part of the meeting, so that members cannot make motions, or call for the orders of the day, or raise questions === Page 141 =========================================================== of order, etc. Sometimes, however, during the non-business part of the meeting it seems advisable to transact some business that has been neglected. The chairman, in such cases, states the facts and either awaits a motion or puts the question on his own respon- sibility. If it is a member who thinks of the neglected matter, he should privately call the attention of the chairman to it and leave it to him to bring the matter before the assembly at the proper time. If the chairman prefers, he may call on the member to state the case or present his motion.(1) Illustrations. The following illustrations show the method of carrying out in an ordinary society the usual order of business as given on page 132, and also the procedure when the orders of the day are called for under different circumstances: (1) In an ordinary society with weekly or fortnightly meetings, it is usually unnecessary to have an order of business any more definite than that given on page 132, which is the customary order in societies that have not adopted a special order of business. As this prescribes only the order in which the different classes of busi- ness are to be taken up, it is easily conformed to. After the minutes have been read the chairman asks, "Are there any corrections to the minutes?" If there is no response he adds, "There being none, the minutes stand approved [or, are approved]." He then calls for reports from such officers, boards, standing committees, and special committees as are required to report at this meeting. He calls for these reports in the order just mentioned, omitting those that the chair knows have no report to make. If there are stand- ing committees that should report, he asks, "Are any standing committees prepared to report?" or he calls on the different committees by name, calling first on the standing and then on the special committees, preferably in the order of their importance. The report of a committee is made and treated as described on pages 267-289. When there are no more committees to report, the chair usually says, "New business is now in order"; or, "The meeting is now open to new business"; or, "What is the further pleasure of the meeting [or society, or club]?" While this is the ordinary pro- cedure, it is possible that the previous meeting adjourned while business was pending, or before all the orders of the day had been disposed of; or that some matter was postponed to this meeting; or -------------------------------------------------------------------- (1) See "Parliamentary Practice," page 162. === Page 142 =========================================================== that some question was made a "special order" for this meeting. In any of these cases the chair does not announce new business until these preferred questions are disposed of, first announcing the special orders, then the unfinished business, and then the postponed questions. Unfinished business includes all the orders of the day of the previous meeting that were not disposed of. If there is more than one postponed question, the different ones are announced in the order in which they were postponed, the one first postponed being taken up first. Sometimes it is desired to take up a question that was laid on the table at the same or the previous meeting. This can be done while questions of the same class are being considered, or at any time after unfinished business has been announced, or when new business is in order. Thus, a report of a committee that has been laid on the table either at this or the preceding meeting may be taken from the table by a majority vote while committees' reports are in order, or when unfinished business or general orders (post- poned questions) or new business is in order. (2) Suppose a case like the one in the last illustration, but that a special order for three o'clock at this meeting had been made at the previous meeting, and that when that hour arrived the assembly was considering any question except a special order that had been made prior to the making of the special order for three o'clock. In such a case, any time after three o'clock, even though another member has the floor and is making a motion or a speech, a member has a right to call for the orders of the day, and thus demand the enforcement of the regular order. (3) Suppose an order of business, as in the preceding cases, and that a special order has been made for 3 P. M. When that hour arrives, it is the duty of the chair to interrupt pending business and to announce the special order. But the chair should use judg- ment in interrupting the proceedings, since in many cases time may eventually be saved by a slight delay. If the report of a com- mittee is being read, and a few minutes is required to finish the reading and to dispose of the report, it would be unwise to inter- rupt it. If a member has nearly finished a speech, the chair should wait a moment until it is finished, and then announce the special order thus: "The hour having arrived that was appointed for the consideration of the resolution on ___, the question is on the resolution, 'Resolved, ___'" [reading the resolution that is the === Page 143 =========================================================== special order]. Should the chair neglect to announce the special order at the designated time, any one may call for the orders of the day, and then the chairman must announce the special order, or else put the question to the assembly as to whether it will proceed to the orders of the day. When the special order is disposed of, the business that was interrupted is resumed at the point where it was broken off. If the resolution was made merely a special order for the meeting without designating the hour, it has no right of consider- ation in preference to reports of boards and committees, because these reports precede special orders in the orders of business. (4) Assuming the same order of business as in the previous illustrations, suppose all business preceding and including special orders has been attended to and a member offers a new resolution. The chair should not recognize it if there is any unfinished business from the preceding meeting, or any question postponed from that meeting. If the chair does recognize it and any one calls for the orders of the day, the chair must either announce the proper busi- ness, or else put to vote the question as to whether the orders of the day will be taken up. As stated hereafter, it requires an oppo- sition of two thirds to prevent the enforcement of the orders. But if no objection is made to the deviation from the order of business before the chair states the new question, it is then too late to call for the orders of the day until after that question has been disposed of. The reason for this is that special orders have been already disposed of, and general orders cannot interfere with a pending question. But the majority may at any time lay the pending question on the table, and then the chair should at once announce the next order of business. (5) Suppose an adjourned meeting of a society is being held with an order of business, as in the previous illustrations. This meeting is legally a continuation of the preceding meeting, of which it is an adjournment. Therefore, after the minutes are read, the order of business is resumed exactly where it was inter- rupted by the adjournment. If reports of boards and committees had been acted upon at the previous meeting and there are none for this adjourned meeting, then special orders are the first order of business after the reading of the minutes. All special orders that have not been disposed of should be taken up in their proper order, as heretofore described. If a special order was pending at === Page 144 =========================================================== the time of the previous adjournment, its consideration would be resumed first, since it would necessarily be the ranking special order. After the special orders are disposed of, if any question was pending at adjournment, it is taken up, and then the general orders in the order in which they were made. (6) In a convention having a session lasting several days, where a program or order of business has been adopted covering each day of the convention and designating the hour for each subject, it is the duty of the chair to interrupt the business when the hour arrives that was assigned to a new subject, and to announce that subject. When a convention adopts a program of this kind, it is understood that the time for each subject is limited, in order not to interfere with the next one. If a resolution is pending, the chair should immediately put it to vote, the same as if an order had been adopted closing debate at this hour, except that he should entertain a motion to commit, or to postpone, or to lay on the table. No debate is in order, but amendments should be allowed to the first two of the above-mentioned motions. No amendment to the resolution itself is allowed, except by general consent, after the expiration of the time allowed the subject. The time allotted to the subject may be extended by a two-thirds vote in which case debate and amendment are allowed until the expiration of the extended time. Suppose, in a case like the above, a resolution is postponed and made the special order for a certain day and hour. When that time arrives, the postponed question ranks as a special order just after those assigned to this time by the program, which was adopted before the other question was postponed and made a special order. Thus, if the program provides for reports of standing committees at 3 P. M., and reports of special committees at 5 P.M., and a resolution has been postponed and made a special order for 4.30 P. M., when the hour of 4.30 arrives, the orders of the day cannot be called for if reports of standing committees are still being considered, as they are the orders for that time. But if these reports have been disposed of and other business has been taken up, then the orders of the day may be called for at 4.30, or afterward, and the pending business may be interrupted even though a member is speaking at the time. === Page 145 =========================================================== TO TAKE UP A QUESTION OUT OF ITS PROPER ORDER Experience has shown that as a general rule societies should adopt an order of business or program for its business meetings, instead of leaving the order to chance, depending upon the member who first secures the floor after a main question is disposed of. Yet unforeseen things may occur that render it very important that action be taken upon a matter before the time set for it in the order of business, or upon a matter that has been postponed to another meeting. If a member desires to interrupt the regular order so as to take up something out of its proper order, or to introduce a new question, he should, when the pending question is disposed of, obtain the floor and say, "I request general consent to take up the [or, to introduce a] resolution on ___." The chair repeats the request, and asks if there is any objection. If there is none, the chair says, "There being no objection, Mr. A has the floor." If the resolution is a new one, Mr. A now offers it. In either case it has now become a part of the orders of the day, just as if it had originally been assigned this place in the order of business. If, while the new question is pending, it is desired to return to what was the regular order of business, it cannot be done by calling for the orders of the day, unless the time appointed for a special order has arrived, because the modified orders of the day are being com- plied with. The proper course is to lay the pending question on the table. When the chair asks if there is objection to the introduction of the new resolution, if a single member says, "I object," the chair- man says, "Objection is made. The next business in the regular order is ___," announcing the next subject in the regular order. But any one may move "to suspend the rules and take up the resolution on ___"; or, if it is desired to introduce a new resolu- tion, he should move "to suspend the rules that interfere with the introduction of a resolution on ___." If either of these motions is adopted by a two-thirds vote, the chair at once assigns the floor to the member who asked for general consent to take up or offer the resolution, and this resolution now becomes a part of the orders of the day, just as in case general consent had been given for its introduction. If the resolution is a new one, it must be formally offered as soon as the rules are suspended. === Page 146 =========================================================== The motion, to suspend the rule and take up a question out of its proper order, cannot be made when any other question is pend- ing. It is undebatable, and cannot have any subsidiary motion applied to it. While it is pending, any privileged motion except a call for the orders of the day is in order. The reason for this exception is that it is absurd to allow a call for the orders of the day to interfere with the assembly's deciding whether it will sus- pend those very orders. Incidental motions arising out of this question may interrupt it. A vote on it cannot be reconsidered. If it is lost the motion cannot be renewed at the same meeting, except by unanimous consent, but it can be made again at another meeting, even if held the same day. Thus, if the motion to take up a certain question out of its proper order failed at a morning meeting, it may be made again in the afternoon. === Page 147 =========================================================== CHAPTER XIII QUESTIONS OF ORDER; APPEAL; OBJECTION TO CON- SIDERATION; SUSPENSION OF THE RULES Questions of Order ......................................................... 147 Appeal ..................................................................... 151 Objection to the Consideration of a Question ............................... 154 Suspension of the Rules .................................................... 156 Rules that Cannot Be Suspended by a Unanimous Vote ....................... 157 Rules that Can Be Suspended by a Unanimous Vote .......................... 157 Rules that Can Be Suspended by a Two-Thirds Vote ......................... 158 Rules that Can Be Suspended by a Majority Vote ........................... 159 QUESTIONS OF ORDER It is the duty of the presiding officer to see that the business is carried on in its proper order, that decorum is preserved in debate, that order is preserved in the hall, and in general that the rules of the assembly are observed. While it is the duty of the presiding officer to enforce the rules, members may differ from the chair as to whether the rules are being violated, or the chair may not have noticed a violation of the rules. In either case, the member who thinks there is a breach of the rules has the right to raise the question as to whether they are being violated, and this is called "raising a question of order," or "making a point of order." The point of order must be made at the time the breach of order occurs. This question of order must be decided by the chair, unless in a doubtful case he prefers to have the assembly decide it. If any two members are dissatisfied with the decision of the chair, they may appeal from the decision, one making the appeal and the other seconding it, as explained farther on under Appeal. If the chair is in doubt, instead of deciding the question himself, he may at once submit the question to the assembly. Suppose a point of order has been made against an amendment that it is not germane to the resolution, and the chair is in doubt as to whether the point is well taken or not. He may at once put the question to the assembly a form similar to this: "Mr. A makes the point of order that === Page 148 =========================================================== the amendment is not germane to the resolution. The chair is in doubt and submits it to the assembly. As many as are of the opinion that the amendment is germane to the resolution, say 'Aye.' As many as are of a contrary opinion, say 'No.' The ayes have it and the amendment is germane. The question is on the amendment. Mr. B has the floor." The question should always be put so that the affirmative vote is on the side of the question's being in order. If the affirmative side wins, the chair at once assigns the floor to the member entitled to it at the time the point of order was made. There can be no appeal from the decision of the assembly, and therefore, when the chair submits the question of order to the assembly, it is debatable whenever an appeal would have been debatable. [See page 151.] Each member is allowed but one speech, as in case of an appeal. The presiding officer, before deciding a question of order, may call upon experienced members for their opinions, which they usually give from their seats to avoid the appearance of debate. Since these suggestions are only for the assistance of the chairman, no one has the right to make them unless requested by the chairman. In all cases except those relating to transgressions of the rules of speaking or to indecorum in debate, a question of order is raised as follows: When a member observes a violation of the rules that he considers will do harm if allowed to pass, and yet the chair takes no notice of it, he rises, even though a member is speaking, and without waiting for recognition says, "Mr. Chair- man, I rise to a point of order." The chair directs him to state his point, after which the chair decides whether the point is well taken, that is, whether what he objects to is out of order. If the chair agrees with the member he says, "The gentleman's point is well taken," and acts accordingly. If the chair disagrees with the member he says, "The chair thinks the gentleman's point not well taken," and he directs the speaker to continue. For instance, suppose an amendment has been moved and has been stated by the chair, and a member thinks it is not germane to the pending resolution: he rises to a point of order as just described, and if the chair sustains the point, the chair at once rules the amendment out of order. If, however, the chair thinks the amendment is not out of order, he says he thinks the point not well taken, and permits the business to go on. In either case any two members may appeal from the decision of the chair. === Page 149 =========================================================== If the case is one of transgression of the rules of speaking or of indecorum in debate, the question of order is usually raised by the chairman's calling the speaker to order. How this should be done must be left to the judgment of the chair. A nervous, excit- able presiding officer is unfit to preside over a turbulent assembly. A presiding officer who is calm, cool, and courteous while every one else is excited, and who is familiar with the duties of the chair and is impartial, can nearly always keep the assembly under control. The moment a speaker attacks the motives of another member, or refers to his opponent by name, or uses an offensive epithet, the chair should rap with the gavel if in a large assembly, or tap with a pencil in a small hall, or in some other way attract the attention of the speaker, and then proceed according to the circumstances of the case. If the language used has not been seriously offensive and yet is becoming personal, the chair should interrupt the speaker by gently rapping and saying, "The gentleman will please avoid per- sonalities"; or, "will please avoid using names of members: no name can be used when the member can be described otherwise"; or, "The gentleman will please not refer to the motives of mem- bers," as the case may be. In such a case he permits the speaker to continue, provided he continues in order. It is better for the chair to caution members as soon as he sees that they are becoming excited, and never permit matters to go so far as to require severe discipline. If a member uses opprobrious epithets or offensive language, or is disrespectful to the presiding officer, the chair should immedi- ately rap, rise, and say, "The gentleman is out of order, and will take his seat." He then directs the secretary to take down the objectionable language, which is read, and then the speaker is asked if those are the words he used. If he denies them, the chair either corrects the words as recorded, or puts the question to the assembly as to whether these words were used by the gentleman. If the assembly decides affirmatively, or if the speaker acknowledges having used the words, and does not withdraw them or apologize, the chair states that the first business before the assembly is as to what punishment shall be imposed upon the member for the offense. If the member withdraws the offensive words or apologizes for his disrespect, the matter is usually dropped, though he has lost his right to the floor. The permission of the assembly is === Page 150 =========================================================== required before he can continue his speech. If he does not with- draw the offensive words or apologize, the procedure is as described under Discipline, page 334. If the chairman keeps cool and courteous, yet firm, it will rarely if ever be necessary to resort to extreme measures. Members may in the heat of debate use offensive personalities, but if they are quickly stopped, and the language they have used is recorded and quietly read by the clerk, they recognize its impropriety at once, and will usually withdraw it and make an apology, and the whole matter is closed. While it is the duty of the chair to enforce the rules as to decorum in speaking, yet if any member observes such a breach which the chair does not correct, he has the right to raise a question of order by rising immediately, while the member is speaking, and saying, "Mr. Chairman, I call the gentleman to order." The chair directs the speaker to take his seat and the member to state his point of order, unless it is so evident that this is unnecessary. The chair then rules on the point raised. If he thinks the speaker in order, he so rules, and directs him to continue his speech. If he thinks the speaker is out of order, the chair proceeds in the same way as when the chair calls the speaker to order. In the case of objectionable language, the member who raised the question of order is the one to indicate the words to which he objects. A question of order can be raised only by the presiding officer or by a member who is entitled to vote, and not by a non-member who has been granted the privileges of the floor and of debate. It must be raised at the time the breach of the rule occurs. After a member has finished his speech, it is too late to call in question the propriety of language used in the earlier part of his speech. After an amendment has been debated it is too late to rule it out of order, even though it is unquestionably not germane. If any mo- tion or action is in violation of the laws of the state, or of the constitution or by-laws of the assembly, or if for any other cause the motion or action is null and void, then it is never too late to raise a point of order against it. A question of order, like all other questions or inquiries put to the chair, cannot be debated, or amended, or laid on the table, or have any other subsidiary motion applied to it. When the order of business is deviated from, instead of raising a point of order, === Page 151 =========================================================== the proper course is to call for the orders of the day as shown on page 129. It is a mistake to be constantly raising points of order in regard to little irregularities, especially in assemblies unfamiliar with the technicalities of parliamentary law. The rules of parliamentary law are designed to expedite business and protect the minority, while at the same time they enable the assembly to express its deliberate sense on the questions before it. Parliamentary law should be the servant, not the master, of the assembly. The as- sembly meets to transact business, not to have members exploit their knowledge of parliamentary law. A business meeting is not a class in parliamentary law. It is a nuisance to have the time of the assembly wasted by a member's raising points of order on technical points when no harm is done by the irregularity. If the chair chooses to put a question without waiting for a second, or to state a question properly according to the intent of the mover when the question as made was out of order, it is foolish to raise a point of order. APPEAL While it is the duty of the presiding officer to decide questions of order when raised, it is the privilege of any two members to appeal from this decision, one making the appeal and the other seconding it. As has just been stated, when the presiding officer is in doubt, he may, before deciding the question of order, consult such members as he chooses, or he may put the question to the assembly for its decision. If, when he decides such a question or makes such a ruling, a member objects to it and attempts to discuss it, the chair should suggest that the member appeal from the decision of the chair, since the question is undebatable unless on appeal. Members have no right to criticize the chair's rulings unless they appeal from his decision to that of the assembly. He is entitled to his opinion as much as any other member, and he must rule in accordance with that opinion. If others differ from him, they should not hesitate to appeal and thus obtain the decision of the assembly. There is no more cause for a feeling of delicacy about appealing from the decision of the chair than about differing from a member in debate. Appealing relieves the chair from re- sponsibility in the case, throwing it upon the assembly, and therefore an appeal should be welcomed by the chairman. === Page 152 =========================================================== When a decision or ruling is made to which a member objects, he may instantly rise, though another has the floor, and say, "Mr. Chairman, I appeal from the decision of the chair." If a member is on the floor at the time, the chair directs him to take his seat, states the exact point at issue, his ruling thereon and his reasons therefore, and then states the question thus: "The question is, Shall the decision of the chair stand as the judgment of the assembly?" While this is the old established parliamentary form and the preferable one, in ordinary societies the question is some- times put thus: "Shall the decision of the chair be sustained?" This is allowable and may be preferred by many on account of its simplicity. Sometimes the question is stated thus: "Shall the chair be sustained?" The objection to this form is that it is more personal to state the question as one of sustaining the chair, rather than his decision or whether the decision of the chair shall stand as the decision of the assembly. If the question of order relates to transgression of the rules of speaking, to indecorum in debate, or to the priority of business, or if it is raised during a division of the assembly, or while an undebatable question is pending, the appeal is undebatable, and therefore the chair immediately after he has stated the question puts it to vote thus: "As many as are in favor of the decision of the chair standing as the judgment of the assembly, say 'Aye.' As many as are of a contrary opinion, say 'No.'" Or, "Those in favor of sustaining the decision of the chair, say 'Aye.' Those opposed, say 'No.'" The question must always be put on sustain- ing the decision of the chair, not on sustaining the appeal. The chair may vote on an appeal. On a tie vote, including the chair- man's vote, the decision is sustained, on the theory that the decision of the chair stands until it is reversed by a majority. In the cases just mentioned no debate is allowed, because there would rarely be anything gained by allowing debate, while in those involving personalities or indecorum there might be danger of making matters worse if debate were permitted on an appeal. When an undebatable question is pending, its decision should not be delayed by interjecting a debatable one. In all cases except those mentioned in the previous paragraph an appeal is debatable, but only one speech is allowed each speaker. In cases of a debatable appeal, if no one rises to claim the floor when the question is stated, the chair asks, "Are you ready for the question?" just === Page 153 =========================================================== as he does in the case of all other debatable questions. Before putting the question, the chair has the right, without taking the floor, to answer arguments made against his ruling and to give additional reasons for the decision. An appeal may be made from any ruling of the chair except when another appeal is pending. In such a case, to avoid com- plications, the decision of the chair must be submitted to at once. Afterward, however, when no business is pending, the correctness of the chair's decision can be brought before the assembly by a resolution or motion covering the case. An appeal must be made at the time the decision or ruling is made. If any business or debate has intervened, it is too late to appeal. While an appeal is pending, privileged and incidental motions are in order. If the appeal does not adhere to the question pend- ing when it was made, that is, if its decision would not in any way affect the pending question, then the appeal may be laid on the table or have any other subsidiary motion applied to it, except to amend, without in any way affecting the main question. As soon as the appeal is thus disposed of, the consideration of the interrupted question is resumed, and the floor is assigned to the member who was entitled to it at the time the question of order was raised. But if the appeal adheres to the question pending at the time it was made, then no subsidiary motion, except those closing or limiting debate, can be applied to it without affecting the main question. For instance, suppose, while a question is pending, some one raises a question of privilege, and the chair rules that it is not a question of privilege. From this ruling an appeal is made, and the appeal is laid on the table. The decision of the main question, which was pending, is in no way affected by the reversal of the decision of the chair when the appeal is taken from the table. Therefore, as soon as the appeal is laid on the table the consideration of the interrupted question is resumed. But if the appeal is from the chair's ruling an amendment out of order as not germane, laying the appeal on the table or postponing it to another time would lay on the table or postpone the main question also, because the appeal adheres to the main question so that it, the main question, may be materially affected if the decision of the chair is reversed. In such a case it would be as absurd to allow an appeal to be laid on the table as to allow an amendment to be laid on the table without carrying with it the main question. === Page 154 =========================================================== An appeal can be made only from a decision of the chair. It cannot be made from an answer to a parliamentary inquiry, from an answer the chair may give to any other question, from any opinion expressed by the chairman, or from an announcement of the result of a vote. In the last case a division should be called for, and if there is still doubt as to the correctness of the declaration of the vote, a count by tellers may be ordered by a majority vote. For instance, if in answer to a parliamentary inquiry the chair should state that a certain motion was out of order, no appeal could be made from this answer, since it is not a decision of a parlia- mentary question that has actually risen. To bring the question before the assembly on an appeal, some one should make the motion, even though the chair has stated it was out of order. As soon as the chair has ruled it out of order, an appeal may be made from this decision. OBJECTION TO THE CONSIDERATION OF A QUESTION It is the right of every member of a deliberative assembly to introduce questions for its consideration and action. Mass meet- ings are usually called for a special purpose, and societies are organized with some definite object in view, which should be stated in the by-laws. Questions introduced that are outside the objects specified in the by-laws, or outside the objects of the meeting as defined in the call for the meeting, should be ruled out of order by the chair. But many questions that cannot legitimately be ruled out of order may be objectionable to most of the members on the ground that they are useless, contentious, or otherwise objectionable, or that there are more important questions which should be considered and which require the entire time covered by the session. In such a case, when the question is first introduced, before it has been debated, a member should rise and, without waiting for recognition by the chair, say, "Mr. Chairman, I object to the consideration of the question." If a member has the floor at the time, the chair directs him to be seated, and immediately puts the question to the assembly in a manner similar to this: "Mr. A offers the following resolution ___," which he reads, and then he continues: "Mr. B objects to its consideration [or, Its con- sideration is objected to]. The question is, 'Will the assembly consider it?' [or, Shall the resolution be considered?] As many as are in favor of its consideration will rise. Be seated. Those === Page 155 =========================================================== opposed will rise. Be seated. There being two thirds opposed to the consideration of the resolution, it will not be considered." If there is less than a two-thirds vote in the negative, the chair announces the result thus: "There being less than two thirds opposed to its consideration, the resolution is before the assembly." As it requires a two-thirds vote in the negative, that is, two thirds of the votes cast, to prevent the consideration of a question, it is generally better to vote by rising, or by show of hands in a small assembly, instead of by the voice. In a large assembly it is better to vote by rising. Unless the first vote is clearly one-sided, so that there can be no doubt about it, the chair, instead of announcing the vote, should say: "The chair is in doubt. All in favor of the consideration of the resolution will rise and stand until counted." As soon as the count is made by the chair, or the sec- retary, or by tellers appointed by the chair, according to the size of the assembly, the chair says, "Be seated," and, announcing the number of votes, he continues, "Those opposed will rise." After the negative vote has been counted and announced, he announces the result. An objection to the consideration of a question needs no second. It can be made only against original main questions when first introduced, but not after debate. Incidental main questions, as the report of a committee on a subject upon which it has been ordered to report, or an amendment to the by-laws, cannot be objected to, but the report or opinions of a minority of a committee may be objected to. The report of a committee which it has not been ordered to make can be objected to, just as any other original main motion. The consideration of petitions and communications from members or subordinate organizations may be objected to, but not communications from a superior organization. An objection to the consideration of a question cannot be debated or have any sub- sidiary motion applied to it. When an objection to the consideration of a question has been sustained by a two-thirds vote, the question cannot again be intro- duced during the same session except by unanimous consent, or by reconsidering the vote refusing its consideration. This motion to reconsider, which is undebatable, can be adopted by a majority vote. An affirmative vote on the consideration cannot be recon- sidered. An objection to the consideration of a question is in several === Page 156 =========================================================== respects similar to a question of order. Either of them can be made when another has the floor, and if not made promptly cannot be made at all. Neither requires a second nor can be debated, and as the chair can call a member to order, so he can, on his own responsibility, put the question on the consideration of a question that for any reason he thinks should not be considered during that session. After the debate has begun, or a subsidiary motion has been stated by the chair, it is too late to object to the consideration of the main question. A two-thirds vote in the negative is required to prevent the consideration of a question, because it suspends the right of a member to introduce a question to the assembly. Objecting to the introduction of a question is a very different thing from objecting to granting a request, or to permitting something to be done that can be done only with the permission of the assembly. A member has an inherent right to offer a resolution in a deliberative assembly, and nothing less than a two-thirds vote can deprive him of this right. The minority of a committee, however, has no inherent right to submit a report. Its report is usually received as an act of courtesy, but if a single member objects, a majority vote is required to authorize its reception. For similar reasons, if objec- tion is made, it requires a majority vote to receive communications or petitions from those who are not members of the society. SUSPENSION OF THE RULES If it were not for the common parliamentary law, the minority of an assembly that has no rules or by-laws would have no protec- tion from the tyranny of an impassioned majority. Yet, however unreasonable a majority under great excitement may be, in their calm, sober moments they are usually ready to adopt reasonable rules to govern the assembly and to protect those who may happen at any time to be in the minority. Although it is necessary for every society to have its own rules, adapted to its own special needs, yet there are times when some of these rules, instead of being a help, are a great hindrance to the transaction of business, and if they affect none but those present at the meeting they should be capable of being suspended. Experience has shown that some rules should never be suspended even by a unanimous vote, while there are others whose suspension should be allowed, some by a unanimous vote, others by a two-thirds vote, and still others by === Page 157 =========================================================== a majority vote. No rule can be suspended if the negative vote is as large as the minority protected by the rule, as otherwise the rule would be of no value. Thus, if there is a rule requiring a four-fifths vote to admit non-members to the hall, the rule cannot be suspended by less than a four-fifths vote. Rules that Cannot Be Suspended Even by a Unanimous Vote. The fundamental organic rules of a society as embodied in its con- stitution or by-laws cannot be suspended by a unanimous vote. These rules were originally adopted by the entire society, and pro- vision was made therein for their modification, and in no other way can they be modified. For instance, the qualifications for member- ship cannot be suspended by a unanimous vote, nor can a rule requiring the election of members and officers to be by ballot, pro- vided these rules are placed in the by-laws. The by-laws are designed to contain such rules as cannot be suspended, and they cannot be changed except after notice has been given to the mem- bers, and then usually at least a two-thirds vote is required to adopt the amendment. Such fundamental principles of parliamentary law as the right to vote being limited to members cannot be sus- pended, so that the right to vote cannot be given to a non-member even by a unanimous vote. Rules that Can Be Suspended by a Unanimous Vote. By a unanimous vote, or general consent, any or all rules relating to the transaction of business may be suspended, provided absent members are not affected thereby and there is no interference with the secrecy of the ballot. A rule requiring notice to be given to amend the rules of order cannot be suspended by a unanimous vote, for its object is the protection of absentees and they have not consented to its suspension. A motion directing the secretary to cast the ballot for a certain person is out of order, provided there is a rule requiring the vote to be by ballot. The reason is that the secretary's casting a ballot is not a ballot vote at all, the es- sential feature of the ballot vote being secrecy, and no one can vote on a motion directing the secretary to cast the ballot without exposing his vote. If the by-laws require a ballot, there is no way to suspend the rule, or have the vote taken in any other way, because no member can object without exposing his vote. If it is required by the rules of order, but not by the by-laws, then the rule may be suspended by a two-thirds vote. If it is required by only a standing rule of the kind described on page 367, it may be === Page 158 =========================================================== suspended by a majority vote. If it has been ordered by a vote during the meeting, the vote can be reconsidered and reversed, or it may be rescinded. Rules that Can Be Suspended by a Two-Thirds Vote. Rules relating to the priority of business, to business procedure, to ad- mission to the hall, or to participation in debate by non-members, etc., may be suspended by a two-thirds vote. If two thirds of those present and voting wish, for the time being, to suspend one of these rules, they should be permitted to do so. For instance, a large number present who are specially interested in a subject that is on the program for, or was postponed to, 4 P. M., must leave at that hour, and wish to take it up at 3 P. M. They can move to suspend the rules and take up the desired subject immediately, or at 3 P. M., and if this is adopted by a two-thirds vote their object is accomplished. It would not be safe to allow a majority to change the order of business, as this power could be readily used by a temporary majority to take up a question out of its proper order, so as to take advantage of their opponents during their absence from the hall. Experience has shown that the best inter- ests of a deliberative assembly are subserved by allowing a two-thirds vote to suspend such rules as relate to the program or order of business, or to how often and how long a member may speak, or to what persons shall be admitted to the hall, and even the rule that members only may speak. While the rules may be suspended so as to permit a non-member to take part in the debate, they cannot be suspended so as to permit a non-member to vote. The right to vote affects the entire organization, and for the time being would give the non-member the most important privilege of membership, and thus would suspend the by-laws. This, of course, cannot be done. Any motion that has the effect of suspending some right or privilege of members requires a two-thirds vote, even though it is not made in the form of suspending the rules. The previous ques- tion, motions limiting or extending the limits of debate, and an objection to the consideration of a question, are examples. The very name "deliberative assembly" carries with it the idea that members have a right to introduce questions and to have these questions "deliberated" on, or discussed, before they are called upon to take final action. Other members have equal rights in regard to other questions, and since these rights may come into === Page 159 =========================================================== conflict, experience has shown that it is best for the assembly to have the power by a two-thirds vote to suspend these rights in any special case. All the rules above referred to relate to the transac- tion of business in the meetings, and may be classed under rules of order. Rules that Can Be Suspended by a Majority Vote. It is a fundamental principle of parliamentary law that one session of a deliberative assembly cannot interfere with future sessions except by adopting by-laws or rules of order, both of which require pre- vious notice and a two-thirds vote, and therefore may be assumed to be an expression of the will of the entire organization. Some slight exceptions to this rule are necessary as far as the next succeeding session is concerned in societies having regular meetings as often as quarterly. It is necessary to allow a question to be postponed to a certain hour, or even to be made a special order, for the next session. So a question may be referred to a committee to be reported on at a future session. All these exceptions should be provided for in the rules of order adopted by the society. It has been found best in ordinary societies that a resolution or order of a continuing nature adopted at one session should be binding on future sessions, until it is rescinded or suspended. Such resolutions and orders are called standing rules. Such a rule does not interfere with the rights of future sessions, because any session may suspend the rule for that session by a majority vote. A ma- jority vote may amend or even rescind the rule, provided notice of the proposed action was given at the previous meeting. If no notice was given, it may be amended or rescinded by a two-thirds vote, or a vote of a majority of the membership. On the day the rule was adopted, or the next succeeding day, a mere majority may reconsider the vote on the rule and vote it down. === Page 160 =========================================================== CHAPTER XIV DIVISION OF A QUESTION; CONSIDERATION BY PARA- GRAPH; MOTIONS RELATING TO NOMINATIONS; MOTIONS RELATING TO VOTING Division of a Question ..................................................... 160 Consideration by Paragraph, or Seriatim .................................... 163 Making Nominations ......................................................... 165 Closing and Reopening Nominations ........................................ 166 Division of the Assembly ................................................... 167 Motions Relating to Methods of Voting ...................................... 169 Closing and Reopening the Polls ............................................ 169 DIVISION OF A QUESTION However complicated a resolution or motion may be, if it is so written that it cannot be divided, the objectionable parts must be eliminated or modified by amendments. A motion cannot be divided unless each of the propositions into which it is to be divided is suitable for adoption if all the others are rejected. If such a proposition is very complicated, it is often better to refer it to a committee, with instructions to prepare and submit a suitable substitute. If desired, the committee may be instructed to divide the resolution in a specified way and to submit two or more separate resolutions. If a series of resolutions is offered in which the different reso- lutions are upon distinct subjects, then upon the demand of a single member, the resolution must be divided so that only the resolutions relating to one subject will be voted upon at a time. If a separate vote on only one subject is desired, the resolution, or resolutions, on that subject may be specified in the call for a di- vision of the question thus: "Mr. Chairman, I call for a division of the question, so that the resolution in regard to the Orphan Asylum shall be considered separately." Upon this demand, the chair says that a division of the question is called for, and the resolution in regard to the Orphan Asylum will be considered separately. He then states the question on the resolution relating to the Orphan Asylum, and after it is disposed of he states the === Page 161 =========================================================== question on the adoption of the other resolutions as a whole. Often a committee on resolutions submits at one time a series of resolutions on entirely unrelated matters, but they must be divided at the request of a single member. This request or demand must always be made by calling for, or demanding, a "division of the question," not simply a "division." Calling for a "Division" is a demand that the vote be taken by rising, as explained under "Division of the Assembly," page 167. If a motion, or a resolution, or a series of resolutions, is on a single subject, and yet so written that it can be divided into two or more propositions each of which is capable of standing alone as a rational proposition that could have been offered independently of the others, then the question may be divided by a majority vote on a motion to divide the question in the manner specified in the motion. The motion is out of order if it specifies a division such that any one of the propositions would be absurd if adopted when all the others were rejected. For instance, it would be absurd to allow a division of a motion "to refer to a committee with instruc- tions," for if the motion to refer is lost there will be no committee to instruct. The division must be a simple clerical division requiring the secretary to do nothing but insert the formal word "That," or "Resolved, That," or "Ordered, That," before the word begin- ning each new proposition; and to omit conjunctions, and to replace pronouns with the proper nouns, where required. Thus, take the following resolution: "Resolved, That a vote of thanks be extended to Mr. B, and that he be refunded his expense in the investigation of the causes of the fire." This may easily be divided into two independent resolutions, thus: "Resolved, That a vote of thanks be extended to Mr. B"; and: "Ordered [or Resolved], That Mr. B be refunded his expenses in the investigation of the causes of the fire." It is not in order to move a division that requires the rewriting of a resolution to a much greater extent than stated above. If more changes are required, a division should not be moved, but the changes should be made by amendments, or by referring to a com- mittee with instructions. In case several names occur in a resolution and a separate vote is desired on each, instead of moving a division, the proper course is to move in succession to strike out each name upon which a separate vote is desired, or to include === Page 162 =========================================================== several names in one motion to strike out. By a motion to strike out an objectionable sentence, or paragraph, or resolution, the as- sembly is brought to a separate vote on the objectionable part just as effectively as if there had been a division of the question. This is the proper method to pursue when the resolutions or paragraphs are so written that they cannot be divided. Take the following case: "Resolved, That a committee of five be appointed by the chair to examine and report on a site for our club building." "Resolved, That the committee be authorized to obtain an option on the site they recommend, and to pay a reasonable price therefor." Many would prefer to vote separately on these resolutions, but if they were divided (which they cannot be) and the first one were lost, the pending question would then be on the second resolution, which would be absurd. The proper way to get a separate vote on the second resolution is to move to strike it out, as shown under striking out a paragraph. A call, or motion, for a division of a question can be applied only to a main question, and in certain cases to amendments, and is in order up to the moment of commencing to take the vote on that question, even though the previous question has been ordered. It takes precedence of the motion to postpone indefinitely, and yields to privileged motions and to such others as may be properly incidental to it, and to all subsidiary motions except to amend and to postpone indefinitely. It is undebatable. It may be amended as to parts into which it is proposed to divide the ques- tion, but no other subsidiary motion can be applied to it. Instead of amending this motion in the ordinary way, it is usually more convenient to proceed as in the case of nominations and filling blanks, so that the different methods of dividing the question are voted on in the order in which they are proposed, unless different numbers of questions are proposed. In this case the largest num- ber is voted on first, as in filling blanks, and for the same reasons. When a question has been divided into a series of questions, all motions adhering to the original question adhere to the separate ones. Thus, if the motion has been made to adopt a resolution, and it is afterward divided into several resolutions, as soon as one is disposed of the chair states the question on adopting the next. === Page 163 =========================================================== If a series of resolutions is moved as a substitute for another series, the question cannot be divided, but objectionable parts must be disposed of by amendments. It would not always be possible to determine which resolution of the substitute series is to replace a certain one of the original series. But if a motion is made to strike out several paragraphs of such a nature that the paragraphs can be acted upon separately without incurring the risk of having an absurd question placed before the assembly, then the question may be divided by a majority vote. The same is true of an amend- ment to insert several paragraphs. It is seldom, however, that anything is gained by dividing an amendment. The motion to strike out usually accomplishes the same purpose. In actual practice questions are commonly divided by consulta- tion and general consent. Much time may be saved usually by adopting this method rather than by formal motions and votes. If any one objects, or there appears to be too much difference of opinion to be quickly adjusted, the chair should require a formal motion to divide the question. CONSIDERATION BY PARAGRAPH When a question consists of paragraphs or sections all bearing on the same subject, or else closely related to each other, it is frequently better not to divide the question, even if it is capable of division. The adoption of an amendment to one paragraph may necessitate amending a paragraph already adopted, which would be troublesome. The proper way to consider such questions is by paragraph, or seriatim, as it is sometimes called. By this method, after the question has been stated by the chair on the adoption of the resolution or other paper, he states that "It will be con- sidered by paragraph, each paragraph after being read being open to debate and amendment only, no vote being taken on adopting the paragraph." He then reads, or causes to be read, the first paragraph, and asks, "Are there any amendments proposed to this paragraph?" If there are none, or when no more are offered, he says, "There being none [or, There being no more amendments proposed], the next paragraph will be read." When all the para- graphs have been read, the chair should state that the entire resolution or paper is now open for amendment. This is the time to insert new paragraphs, or to make any amendments to the orig- inal paragraphs necessitated by changes in the later ones. Changes === Page 164 =========================================================== required in the numbering of the paragraphs, sections, or articles on account of altering their position, or striking out some or inserting new ones, are made by the secretary and not by formal amendments. When the body of the paper is satisfactorily amended, the preamble, if there is one, is taken up in the same way and perfected, since the amendments made in the other part of the paper may require an amendment to the preamble. On this account, if the previous question is ordered before the preamble has been consid- ered, it does not apply to the preamble unless it is so specified. When no more amendments are offered, the chair puts the question on the adoption of the resolution or paper as amended. If, during the consideration of any paragraph, a motion to lay on the table, to postpone, to commit, or to postpone indefinitely is adopted, it applies not only to that paragraph but to all the others, that is, to the entire pending question. The previous question and motions to limit or to extend the limits of debate may be applied to amendments of a single paragraph. If, while an amendment is pending, one of these latter motions is adopted, without specifying to what it applies, it applies only to the pending amendment. When a question is divided, there are two or more questions just as distinct as if they had been moved separately, so that any sub- sidiary motion adopted after the division applies only to the one proposition immediately pending. But when a question is con- sidered by paragraph, the paragraphs are not separate questions, as when a question is divided. The paragraphs are considered separately only for convenience in amending. No vote is taken on adopting the separate paragraphs, a single vote being taken on adopting the whole. When the bad method of adopting each paragraph is followed, a vote must not be taken on adopting the whole paper, because when each paragraph has been adopted the entire paper has been adopted. When the para- graphs are adopted separately, each paragraph goes into effect immediately upon its adoption, and it cannot be changed except after reconsideration. If it is a set of by-laws that is being considered, after the paragraph requiring notice for its amendment has been adopted, it is too late to reconsider any votes, and no change can be made, except in accordance with that paragraph. When a resolution or other matter containing two or more paragraphs is before an assembly, the chair should exercise his === Page 165 =========================================================== judgment as to whether it would be more convenient to consider it as a whole or by paragraph. If the chair thinks it ought to be considered by paragraph, he proceeds as already described; and if any member wishes to save time by acting on it as a whole, he moves that "it be considered as a whole." If it will not cause much discussion or amendment, the chair should simply state the question as a whole, and if any member wishes it considered by paragraph, he at once moves that it "be considered by paragraph." These two motions, to consider by paragraph and to consider as a whole, are undebatable, and cannot have any subsidiary motion except to amend applied to them. They apply only to main motions and amendments, and yield to all privileged motions, to such mo- tions as are incidental to them, and to all subsidiary motions except to amend and to postpone indefinitely. In practice, the question of considering a resolution or other paper as a whole or by paragraph is usually settled without a formal motion or vote. It is a question upon which there would seldom be difference of opinion, so that the chair's action in the case would usually be acquiesced in. MAKING NOMINATIONS After the question of an election has been taken up, if there are no rules to the contrary, any one can make a motion specifying the manner of making nominations. This motion cannot be debated or have any subsidiary motion applied to it except to amend. The nominations may be made from the floor, or by "open nomina- tions," as it is sometimes called; or by a nominating committee; or by a nominating ballot. When made from the floor, any member may rise and address the chair, and, when recognized, say, "I nominate Mr. A." Sometimes in large conventions the member who makes a nomination follows it with a speech advocating the cause of his candidate, and then the nomination is seconded by one or more members, each making a speech. In ordinary assemblies, however, it is not usual to make nominating speeches. In small bodies the nominations of members of committees are usually made by members from their seats without addressing the chair. It is not necessary that a nomination be seconded. If a nominating committee is appointed and the election is to take place immediately, the committee should at once retire and agree upon a nomination, or a ticket, and report to the assembly. === Page 166 =========================================================== In some societies it is not necessary to consult the nominees, though it is usually expedient to do so, and it should always be done in organizations meeting only annually, like conventions, because after the report has been made the nominees may decline the nomination. When the committee submits its report, no vote should be taken on adopting or accepting it, but after repeating the nominations the chair should ask if there are any more nominations. Any member may now claim the floor and nominate some one else for the office, as the appointment of a nominating committee does not preclude nominations from the floor. If the candidates are voted for viva voce, or by show of hands, or by rising, the vote is taken on the different names suggested in the order in which they are mentioned, the vote being first taken on the one reported by the committee. The negative should always be put as well as the affirmative, and if there are more affirmative votes than negative for a candidate, he is declared elected, even if he receives only one vote. Since no vote is taken on the other nominations after one is elected, it is necessary for those favoring a candidate to vote against the others. Another method of nominating is by taking a nominating ballot. This is frequently improperly called an informal ballot, and some- times leads to adopting a motion to make this "informal" ballot the formal one. By this nominating ballot the preferences of the members of the society are ascertained with greater accuracy than in any other way. The ballot is taken in the same way as an ordi- nary ballot, and when the result is announced it shows how many favor each candidate. Then the regular or electing ballot is taken. Sometimes, when the nominating ballot shows that one candidate has an overwhelming majority, so that there is no possibility of getting a different result on a formal ballot, it is voted that the ballot taken be declared the electing or formal ballot, and thus time is saved by avoiding a second ballot. But this destroys the useful- ness of the nominating ballot and it should never be done. It can- not legally be done if the by-laws require the vote to be taken by ballot, as this is a viva voce vote. Secrecy in voting is one of the objects of balloting, and this is defeated by allowing a motion like the above, or even asking for unanimous consent. [For fuller explanation of Nominating Ballot, see pages 207-209.] Closing and Reopening Nominations. In ordinary deliberative === Page 167 =========================================================== assemblies there is rarely any use for a motion to close nomina- tions. When the chairman thinks there will be no more, he inquires "Are there any more nominations?" and if there is no response he proceeds to take the vote on the nominees. If law or custom requires the nominations to be formally closed, a motion to that effect should be made and put to vote, but not until a reasonable time has been given for nominations. As this motion, like the previous question, deprives members of their rights, it requires a two-thirds vote for its adoption. It may be amended as to the time when nominations shall be closed, but can have no other subsidiary motion applied to it. It yields to privileged and incidental mo- tions, and is undebatable. When closed, nominations may be reopened by a majority vote. The motion, like the motion to close nominations, may be amended as to the time, but no other subsidiary motion can be applied to it, nor can it be debated. DIVISION OF THE ASSEMBLY It is customary to take a vote first by the voice, viva voce, or else by show of hands, that is, the right hands are held up first by those in the affirmative, and then by those in the negative. Sometimes the viva voce vote is referred to as voting by ayes and noes, because the affirmative answer "Aye" and the negative "No." The objection to using this term is that it is liable to be confused with voting by "yeas and nays," which is the same as voting by roll-call. Usually either of these two methods, viva voce or showing hands, the simplest and quickest methods of voting, will suffice to show which side has the majority. But if the two sides are nearly equal these methods are not sufficiently accurate to satisfy every one, and the chair, instead of announcing what appears to be the vote, should immediately take a rising, or standing, vote. If, when those voting in the affirmative rise, he sees from the number stand- ing that a count will probably be necessary to determine the vote, he may direct them to remain standing until counted. If the assembly is small, he counts those standing, or directs the secretary to do so, and then says "Be seated. Those opposed [or, The negative] will rise and remain standing until counted." He then announces the number of votes on each side, which should be entered on the minutes, and declares the result. In a large assem- === Page 168 =========================================================== bly he should appoint at least two tellers, one from each side of the question, to count and report to the chair the number of votes on each side. The chair has the right and the duty to take the necessary steps to satisfy himself as to the vote before announc- ing it. On the other hand, the assembly has the right to have the vote taken, so that it may be satisfied that the announcement by the chair is correct. If the vote is at all close and the chair neglects to take a rising vote, any member without even rising may call, "Division," or, "I doubt the vote," and the chair is obliged to take the vote again, this time members voting by rising. A call for a division does not require a second, is not debatable, and cannot have any subsidiary motion applied to it. Sometimes a division is called for, not because there is any doubt as to the vote, but because the vote is so small that there is doubt as to its being a correct expression of the views of the assembly. If members are not satisfied with the standing vote, they may by a majority vote order a count or any other method of ascer- taining the vote, as described farther on. A single member cannot require time to be consumed by a count or other method of vot- ing when the majority are satisfied with a standing vote. Whenever a vote has been taken only by voice or by show of hands, it is in order to call for a division immediately after the vote has been announced. The chair cannot take away this right of a member by hastily announcing the vote and the next business in order. A member forfeits this right, however, unless he claims it immediately after the chair announces the result. When the assembly votes to adjourn, the chair should never declare the as- sembly adjourned until a reasonable opportunity has been given for any one to demand a division, unless a rising vote has been taken. After the adjournment has been properly declared, it is too late to call for a division. While members have a right to demand a division, this right is given merely to insure a deliberate vote and that no mistake is made as to what the vote is. It should never be used when the vote is large and there is no question as to which side is in the majority. It can do no possible good in such a case, and there- fore can be used only for obstructive purposes, and should be treated as a dilatory motion. === Page 169 =========================================================== MOTIONS RELATING TO METHODS OF VOTING Various questions arise, in connection with voting, which are usually settled by general consent, but may require formal mo- tions and votes. They are incidental to the pending question and therefore are in order while it is pending, sometimes even after a vote has been taken on that question. They cannot be debated or have any subsidiary motion, except to amend, applied to them. They require a majority vote for their adoption. One of the most common of these incidental motions is one prescribing the method by which the vote shall be taken when it is desired to have it taken in some other way than by the voice or by show of hands. In the chapter on Voting all the usual methods are described. If one form is suggested or moved, any one may suggest or move another form. Instead of treating the second as an amendment, it is usual to proceed as in filling blanks, putting the question on the various forms suggested in the order of the time and trouble re- quired for taking the vote, as follows: (1) Ballot; (2) Roll-Call, or Yeas and Nays; (3) Division and Count; (4) Rising. If the as- sembly is large it may be desired to divide it by having the affirma- tive go to one side and the negative to the other side of the hall, and be counted; or, one party to pass between tellers and be counted, and then the other; or, each side in succession to rise and be counted. There is nothing gained by taking the vote by yeas and nays, that is, by roll-call, in an ordinary society where the members are not responsible to a constituency and the vote is not published. It is doubtful if it is ever justifiable to take a vote by yeas and nays unless the proceedings are to be published. It consumes much time, and then the secretary is required to enter in the minutes the names of all voting on each side, and, if they do not constitute a quorum, enough more names, of those who are present and do not vote, to make a quorum. CLOSING AND REOPENING THE POLLS When the vote is taken by ballot, as is usual in electing officers of permanent societies, the ballot may be taken during a meeting of the society, and the ballots be collected by the tellers in bas- kets or other receptacles. In this case, as soon as the tellers col- lect the ballots, the chair should ask, "Have all voted who wish === Page 170 =========================================================== to do so?" If any members have been overlooked by the tellers, they should indicate it by rising or holding up the hand, and the tellers should collect their ballots. Should any members enter after the polls are closed, they cannot vote unless upon motion it is voted to reopen the polls. This motion may be simply to "reopen the polls," or to reopen them for a specified time, as three minutes. At the close of the specified time the chair an- nounces the polls closed. If no time is specified, when the chair thinks all have voted, he again inquires if all have voted who wish to do so, and if there is no response he again declares the polls closed. In the other ways of balloting, in which the members deposit their ballots in a box, the balloting may be done during a meeting of the society, or at another time, as described under Elections, page 215. The polls may be closed by adopting a motion to that effect, made after all have had a reasonable opportunity to vote. If the motion is made after all have voted, the chair should inquire if all have voted who wish to do so, and if there are any wishing to vote he should delay putting the question on closing the polls until they have had an opportunity to vote. It is usually better to leave the closing of the polls to the chairman, who should close them as soon as all have voted who wish to do so, and not until then. When the chair on his own responsibility declares the polls closed, any one may say, "I object," and then the chair should immediately put to vote the question on closing the polls. A two-thirds vote is required to close the polls, just as it is required to close debate. Only a majority vote is required to reopen the polls. When the balloting is done at some other time than during a meeting of the society, the hours for opening and closing the polls are decided in advance by the by-laws or rules of the society, or by a special vote. In such case the polls cannot be reopened, since the society is not in session at the time. The motions to close and to reopen the polls are made only in case the vote is by ballot. They are undebatable, and cannot have any subsidiary motion applied to them except to amend. They yield to privileged motions. [For further information concerning voting by ballot see the chapter on Nominations and Elections, pages 204-217.] === Page 171 =========================================================== CHAPTER XV INQUIRIES AND REQUESTS; DILATORY AND IMPROPER MOTIONS Inquiries and Requests ..................................................... 171 Parliamentary Inquiry .................................................... 171 Request for Information .................................................. 172 Leave to Withdraw or Modify a Motion ..................................... 173 Reading Papers ........................................................... 175 To Be Excused from a Duty ................................................ 176 Request for Any Other Privilege .......................................... 177 Dilatory Motions ........................................................... 177 Improper Motions ........................................................... 178 REQUESTS GROWING OUT OF THE BUSINESS OF THE ASSEMBLY Sometimes in the midst of business a member needs informa- tion on some point to enable him to act intelligently, or he wishes permission to do something, or to be excused from something. If these requests are of such an urgent nature that their object would be defeated by delay, they may interrupt a member even while speaking. They cannot be debated or have any subsidiary mo- tion applied to them, except in rare cases when from their very nature they may be amended. The fact that one of these incidental questions is pending does not prevent the making of any privileged or incidental motion. Parliamentary Inquiry. When a member is in doubt as to which motion to use in order to accomplish a certain object; as to whether a certain motion he wishes to make is in order; as to the effect of the adoption of the pending motion; or when he is in need of any further information on parliamentary law that is necessary to enable him to act intelligently in regard to pending business, or to business he is about to introduce -- the proper course for him to pursue is to "rise to a parliamentary inquiry." He should never interrupt a speaker to make his inquiry unless neces- sary. If he thinks the speaker is out of order and is not suffi- ciently sure of it to raise a point of order, he should interrupt the speaker by rising to a parliamentary inquiry. He should === Page 172 =========================================================== clearly state his point and then ask the chair if the speaker is not out of order. If the floor is occupied when a member wishes to make his in- quiry, he rises and says, "Mr. Chairman, I rise to a parliamentary inquiry." The member speaking should stop, and the chairman should direct the interrupting member to state his inquiry. When he has made his inquiry the chair answers it and the inquirer resumes his seat. If the inquiry relates to the speaker's being out of order, the chair acts in accordance with the answer given to the inquirer. There can be no appeal from the answer to the inquiry, which is only the opinion of the chair, because an appeal can be made only from the decision of the chair. If a member acts in opposition to the opinion of the chair and is ruled out of order, then an appeal may be made. If the inquiry is made when no one else has the floor, the mem- ber may proceed as just described, or he may rise and obtain the floor just as if he were going to make a motion, and ask his ques- tion as soon as recognized by the chair. In this case, if he wishes to make a motion he may retain the floor while the chair is an- swering his question, and then immediately make his motion if the answer is favorable. Neither a parliamentary inquiry nor the chair's answer can be debated or have any subsidiary motion ap- plied to it. A member has no right to ask a question on parliamentary law unless it is necessary in order to guide him in his actions at that time. The chair is supposed to be an expert parliamentarian and able to inform members as to correct parliamentary procedure in ordinary cases. Before answering the inquiry, just as before deciding a question of order, he may consult or ask the opinion of persons of experience. A request for information is not a par- liamentary inquiry unless it involves a question of parliamentary law. Request for Information. When the information that is de- sired does not relate to parliamentary law, the procedure is similar to that just described for a parliamentary inquiry. The member, however, on rising while another has the floor, says, "Mr. Chair- man, I rise to a point of information." If the information is to be furnished by the speaker, the inquirer rises and says, "Mr. Chairman, I should like to ask the gentleman a question." In a large assembly the chairman should ask the speaker if he con- === Page 173 =========================================================== sents to be questioned. If he declines the request, he continues his speech and the inquirer must resume his seat. If he consents, the chair directs the inquirer to ask his question, which must not be addressed to the speaker in the second person, but must be in the third person and spoken through the chairman, thus: "Mr. Chairman, I should like to ask the gentleman if the third sentence of his resolution could not be struck out without interfering with the object of the resolution. He would then remove the only ob- jection many of us have to it." The answer should be addressed to the chair also, as members are not permitted to address each other in debate. The second person cannot be used except when it applies to the entire assembly or to the chairman. When the speaker consents to the interruption, the time lost comes out of his time. On this account, when his time is short a speaker may decline to be interrupted, even though willing to be questioned if he had sufficient time. In a smaller assembly less formality is often observed. Thus, when the inquirer says he wishes to ask the speaker a question, the chairman simply turns to the speaker, who, without waiting for the chairman to speak, immediately con- sents or declines to be questioned. If the floor is not occupied when a member makes the request, he obtains the floor and then asks for the desired information. If any business is pending, the request must have a bearing on that business, or else must be of a sufficiently urgent nature to justify the interruption. Even after it has been voted to adjourn, if a member rises and says, "Mr. Chairman, I rise to a point of in- formation," the chair must tell him to state his point. The question must relate to something necessary to be known before the ad- journment is pronounced, as, for instance, regarding a clear under- standing as to obtaining tickets for an excursion to be taken before the next meeting. Request for Leave to Withdraw or Modify a Motion. Before a motion has been stated by the chair its maker has a right to withdraw or modify it, but after it has been stated he can neither withdraw nor modify his motion without the consent of the as- sembly. If, when a motion is made by Mr. A, Mr. B wishes it withdrawn or modified, and thinks Mr. A will consent, Mr. B should rise before the question is stated by the chair, and, without waiting to be recognized, say something like this: "Mr. Chair- man, I should like to ask the gentleman to withdraw his motion === Page 174 =========================================================== for the present, as there is some very important business relating to ___ that should be attended to immediately"; or, "Mr. Chair- man, I should like to ask the gentleman to accept the following amendment ___," which he then states. If the request is refused, the chair says so, and proceeds to state the question on the motion as made by Mr. A. If Mr. A is willing to accede to the request, he says, "Mr. Chairman, I accept the amendment." In the first case the chairman says, "The motion is withdrawn." In the second case he says, "Mr. A accepts the amendment. It is moved and seconded to ___," stating the question as if the motion had been originally made in its modified form. If the chairman states the question after Mr. B rises and addresses the chair, this does not deprive Mr. A of the right to withdraw or modify his motion. It is the duty of the chair to notice members who rise and address him, and should he neglect to do so the member loses none of his rights thereby. In such a case the chair proceeds exactly as if the question had not been stated. After the question has been properly stated by the chair it belongs to the assembly and cannot be withdrawn or modified without its consent. Mr. B in this case, even when another has the floor, provided he has not begun speaking, rises and says, "Mr. Chairman." As soon as he attracts the chairman's attention, he adds, "I want to ask the member to withdraw his motion," giving the reason. If the request is for the acceptance of an amendment, the procedure is similar. If Mr. A declines to accede to the request, that ends the matter. If he agrees to the suggestion, then the chair states the request clearly and asks if there is any objection. If there is none, he announces the result, that is, that the motion is withdrawn, or that it is amended, as the case may be. In case of an amendment he should announce it in a manner similar to this: "There being no objection, the resolution is amended by striking out ___ and in- serting ___. The question is on the resolution ___," reading it as amended. As stated under General Consent, page 190, the fact that members do not object when objections are called for does not imply that all the members are in favor of the proposition, but only that the minority believe that no good will be accomplished by their objecting. Thus, it is useless to object to the withdrawal of the motion to adjourn when it is seen that, if objection is made the motion to adjourn will be defeated by an overwhelming vote === Page 175 =========================================================== in order to attend to the other business. Time is saved by giving general consent and thus avoiding formal votes in such cases as withdrawing a motion. If objection is made to the withdrawal of a motion, any one can move "that permission be granted for the withdrawal of the motion to ___," specifying the motion. This does not require a second, because the maker of the motion has already consented, and thus two persons favor it. This motion cannot be debated, or amended, or have any other subsidiary motion applied to it. If the motion is lost, the matter is dropped. If it is adopted, the chair announces that the motion that was previously pending is withdrawn, since its maker has already agreed to its withdrawal. If objection is made to the acceptance of a suggested amend- ment, the proper course is to offer the amendment formally. When an amendment is formally offered, the maker of the original motion may say, "I accept the amendment." The chair then asks if there is any objection, and if any is made he immediately states the ques- tion on granting the desired permission. If permission is granted, he says, "The amendment is accepted, and the question is on the motion ___," which he reads as amended. When a motion is modified the seconder may withdraw his second. When a motion has been withdrawn, the business is treated thereafter just as if it had never been made, and it can be made again by any one. Any motion may be withdrawn, even though it has been amended and the previous question has been ordered on it, except that the motion to reconsider cannot be withdrawn after it is too late to renew the motion, unless unanimous consent is given. If this were allowed, enemies of the reconsideration could make the motion and then withdraw it when it is too late for its friends to renew it. The same rule applies to withdrawing notice of a proposed motion. Reading Papers. A paper upon which the assembly is to act must be read when the question is stated on it, and, if there is debate or amendment, it must be read again when the question is put on it. A single member has the right to insist on this, however long the paper may be. It is only by general consent that the second reading can be dispensed with. With these exceptions, no member has a right to have a paper read for his convenience. A member who was not present when the paper was read even if absent on duty, has no right to demand === Page 176 =========================================================== its reading for his benefit. If a single member could have a paper reread at his pleasure, business could be greatly hindered thereby. But when a member requests the rereading of a paper, and the request is evidently in good faith and the paper is not long, the chair should comply with the request. If any one objects, the chair should put the question to vote, or any one may move that the report be reread. If the paper is a long report it is better for the chair to put the question at once, thus: "Mr. A. requests that the report be reread. As many as are in favor of having the report reread say 'Aye'; those opposed say 'No.'" A majority vote grants the request. If during debate the speaker wishes to read or have read any printed document, or copy thereof, or even a written speech, and any one objects, he cannot read it unless leave to read it is granted by a majority vote. If it were not for this rule, members might occupy the full time allowed them by the rules in reading printed documents or speeches prepared by others. However, where it is evident that no improper advantage is being taken of the privilege, it is customary to permit members to read their written speeches, and also to read reasonably short extracts from printed docu- ments. But if any one objects, the procedure is exactly as just described in case of a request to have a paper reread. To Be Excused from a Duty. In most societies there are no duties required of members, except the payment of annual dues. In some societies a certain amount of attendance on meetings is required, and sometimes members are obliged to prepare papers, or in other ways to take part in the literary, artistic or other work of the society. Holding office and serving on committees and boards is also sometimes compulsory. In such cases, the duty being compulsory, the member cannot demand as a right that he be relieved from it. He must request that he be relieved from the duty, which request is made and treated as described in the next section. A member may be incapacitated for performing a duty that is required of him, so that the society may be interested in having a successor appointed. In such a case the request to be relieved from the duty has a bearing on the organization of the assembly, and is therefore a question of privilege. Such a case would be the serious illness of the secretary, or an emergency causing the chair- man of an important committee in a convention to be called away === Page 177 =========================================================== suddenly. Wherever the duty is not compulsory the member has the right to resign, which is treated under Resignations. Request for Any Other Privilege. Sometimes a member wishes to make explanations of something he has said or done, or wishes some other privilege. Whatever the nature of the request, the member making it must rise and address the chair by his proper title, and wait until he attracts the attention of the chairman before continuing. After a motion is made he must not rise to make a request until the chair has stated the question on the motion, unless the request is of such a nature that its object will be defeated by waiting until the question is stated. Thus a request for the withdrawal or modification of a motion, if not made before the question is stated, cannot be granted by the maker of the motion without the consent of the assembly. Therefore the member wish- ing the motion to be withdrawn or modified must not wait for the motion to be stated. The same principle applies to interrupting a speaker with a request. It may be done if necessary, but it is disorderly to in- terrupt a speaker if the request could be made just as well after the speaker has finished. When the speaker yields the floor, any one may rise to make a request, even though another has risen first and has been recognized by the chair. As a general rule, a request should be made so as not to interrupt a member after he has begun speaking. When a request is made, the chair should repeat it and ask, "Is there any objection?" If none is made he should say, "There being no objection, the gentleman will proceed," modify- ing his statement to suit the case. If objection is made, the chair immediately states the question thus: "Mr. A requests ___. As many as are in favor of ___," putting the question so that every one may understand exactly what he is voting for or against. A request cannot be debated, but explanations and short remarks should be allowed when the chair thinks they will assist the assembly in deciding the question more intelligently. If made while another question is pending, no subsidiary motion can be applied to it, unless from its nature it allows of amendment. DILATORY MOTIONS It has been seen that it is to the interest of a deliberative assembly to allow nearly all motions to be reconsidered and to allow some highly privileged motions as to adjourn and to lay on === Page 178 =========================================================== the table, to be renewed again and again. It is also found best to permit a single member to demand a division, which requires a rising vote to be taken, and any member may raise a point of order, and any two may appeal from the decision of the chair. But these high privileges, granted to any one or two members, may be deliberately used by two or three factious members to obstruct business, and in ordinary societies, with business sessions not ex- ceeding two hours in length, they could be used so as to prevent business from being done if the presiding officer were obliged to recognize motions when they are clearly made for dilatory purposes. To protect the assembly from this improper use of proper parliamentary forms, the chair should not recognize motions that are evidently merely dilatory. If there is any doubt whatever in the case, the benefit of the doubt should be given to the maker of the motion. But if a motion to adjourn is made near the beginning of the meeting, or while there is a large amount of important business not yet attended to, it is evidently not made in good faith. A motion to lay on the table a question of great importance that must be settled that day, when there is no urgent matter requiring attention, cannot be made for any other purpose than to obstruct business. IMPROPER MOTIONS Motions that conflict with the constitution or by-laws or other rules of the society, or with national or state laws, or with a motion that has been adopted by the society at the same session which has not been rescinded or reconsidered and rejected are improper, and should be ruled out of order. If they are adopted they are null and void. So a motion is out of order if it conflicts with a main motion, or is of such a nature that its adoption might interfere with the freedom of the assembly in acting on the previous main motion when its consideration is resumed. A main motion is in the possession of the assembly after it has been stated by the chair until it has been finally disposed of by being adopted or rejected or postponed indefinitely; or, if it has been temporarily disposed of, it is in the possession of the assembly until so much time has elapsed that it is too late to bring it again before the assembly except by renewing the motion. If a main motion has been finally disposed of, and the motion to reconsider, in either of its forms, === Page 179 =========================================================== has been made and not called up, the main motion is in the possession of the assembly until it is too late to call up the motion to reconsider. In such a case as above referred to, if the new motion were adopted it might seriously interfere with the other motion that had been laid on the table, postponed to another time, or referred to a committee. The one first offered must be brought back to the assembly and the desired amendments may be offered. The assembly having decided to lay the question aside temporarily, or having referred it to a committee, it is plain that practically the same or a similar subject should not be brought before the assembly until the original question is again taken up. A motion that is frivolous, trivial, or absurd, or that reflects upon the motives of others, or that uses discourteous language in a way not permitted in debate should be ruled out of order. The only exception is the case of a motion closing with a resolution of censure, or one preferring charges against a member. The language used must always avoid all unnecessary harshness. The principle involved is that a member cannot take advantage of his privilege to offer a resolution, and then place in the preamble or resolution language that he would not be permitted to use in debate. A motion that introduces a subject not provided for in the objects of the society as stated in the constitution or by-laws is out of order. Under Renewal of Motions, page 113, will be found a list of motions that cannot be renewed during the same session, and also the conditions under which certain secondary motions may be renewed. Amendments are not permitted that are not germane to the motion to be amended; that have the effect of making the affirmative of the amended motion equivalent to the negative of the un- amended motion; that are identical with a question already adopted or rejected at the same session, or with a question that is on the table, postponed, committed, or is in any other way in the possession of the assembly. When factious members, whose motions are not recognized, appeal from the ruling of the chair, if the chair is sustained on an appeal, he need not entertain any further appeals from mem- bers of the same faction on rulings of the same general nature. The assembly, by sustaining the chair, has decided that they are using dilatory methods, and therefore the chair must treat them === Page 180 =========================================================== as obstructionists. Great care should be exercised in this matter not to infringe upon the rights of the individual as long as he is acting in good faith, and even when he is merely "filibustering" he should not be interfered with more than is necessary to protect the assembly in its right to do business. === Page 181 =========================================================== PART II CHAPTER PAGE 16. DEBATE ................................................................ 183 17. VOTING ................................................................ 188 18. ELECTION OF MEMBERS OF SOCIETIES ...................................... 197 19. NOMINATION AND ELECTION OF OFFICERS, BOARDS, AND COMMITTEES .......................................................... 204 20. ELECTIONS CONTINUED: TELLERS, AND COUNTING THE BALLOTS ............................................................. 218 21. ELECTIONS CONCLUDED: MISCELLANEOUS..................................... 231 === Page 183 =========================================================== CHAPTER XVI DEBATE Decorum in Debate .......................................................... 183 Number and Length of Speeches .............................................. 183 Debatability of Motions .................................................... 185 DECORUM IN DEBATE In order to debate a question, a member must rise and address the presiding officer by his title, and be assigned the floor. He must always address his remarks to the chair, never using a member's name where it is possible to describe him otherwise, as for instance, "the gentleman who last spoke." He may deny the correctness of a statement of facts, but he must never ascribe im- proper motives to a member, or use discourteous language. Thus, if a member states a fact of which he was not an eye-witness, it would not be out of order, though injudicious, for one who was an eye-witness to say in debate, "The gentleman's statement in regard to ___ is false." But if both were eye-witnesses such language would be out of order. Instead of it the speaker could say, "I am satisfied that the gentleman was entirely mistaken as to the facts in the case." In no case is a member to call another a "liar" or to refer to his statement as a "lie," as in either case the member is accused of misrepresenting the facts with the intention of de- ceiving, whereas in the case mentioned above the speaker is not charged with knowing that his statements are false. NUMBER AND LENGTH OF SPEECHES According to the old common parliamentary law, when a mem- ber obtained the floor he was entitled to it as long as he was able to speak on the pending debatable question. He was obliged to confine himself to the question under consideration, and he was not allowed to read anything without permission of the assembly. But as long as he could speak on the question without evidently wasting time with absurd or frivolous arguments, or repetitions, or un- necessary slowness of speech, there was no parliamentary way for === Page 184 =========================================================== any one else to obtain the floor without his consent. In order to adjourn it was necessary to obtain his consent, which he might not give except upon condition that when the assembly meets again he is entitled to the floor. In the U. S. Senate, senators have held the floor until physically exhausted, while in the U. S. House of Representatives, a rule has been adopted limiting each speaker to one speech of one hour on each question. The Senate limits the number of speeches on the same question on any one day to two for each senator, but no senator can speak a second time on the same day on the same question until every one desiring to speak has spoken. While these rules may be adapted to Congress, they would be intolerable in ordinary societies that meet not oftener than weekly, and whose sessions rarely last beyond two hours. If they were considered as establishing the common parliamentary law that would be in force until rules were adopted, it would be im- practicable for a mass meeting containing a few factious members to transact business. While no rule is adapted to all bodies, it is necessary to have some restrictions on debate that will be in force in assemblies before they have adopted rules of their own. The rule that, unless permission is given by the assembly, no member shall speak longer than ten minutes at a time, nor more than twice on the same question on the same day, nor speak a second time until every one has spoken who desires to speak, has been generally accepted as giving the best results in most cases, and is the present practice in societies in the United States. In societies to which the rule is not well adapted, a suitable rule should be adopted as soon as practicable. Five minutes is a better limit than ten minutes in many societies. At any meeting the limits of debate may be changed by a two-thirds vote, as shown on page 67. The maker of a debatable motion is always entitled to the floor for the purpose of debate as soon as the chair states the question on his motion. He cannot be deprived of this right, if he claims it promptly, by any one's making a motion or addressing the chair before he does. When a motion is made by order of a committee, the reporting member of the committee should be recognized in preference to others, since the assembly should have the advantage of the committee's study of the case. It is to the interest of the === Page 185 =========================================================== assembly to hear both sides of a case, and therefore as far as practicable a member who is opposed to the last speaker should be recognized. The member who introduces a question is allowed to close the debate, provided he has not already exhausted the twenty minutes, the extreme limit of time, allowed each member for debate. If a member who has the floor for debate allows another mem- ber to make an explanation, the time is charged to the one who has the floor, the same as if he himself continued speaking. DEBATABILITY OF MOTIONS Main Motions. The right to debate every main question before taking final action on it belongs to every member of a deliberative assembly, and this right cannot be interfered with except by a two-thirds vote. Subsidiary Motions. The subsidiary motions, except those relating to the limits of debate, are debatable in proportion to their interference, if adopted, with the freedom of the assembly to consider and act upon the main question at its pleasure. Thus, if the motion to postpone indefinitely is adopted, the main question is killed the same as though it had been rejected, and therefore the whole question is as debatable as if the main question were the immediately pending question. The adoption of an amendment to the main question finally changes the main question, and therefore an amendment is debatable and should be thoroughly debated before being voted on. Since the motion to commit, if adopted, only defers debate and action on the main question until the committee reports, the debate is limited to the propriety of the commitment, to the number and personnel of the committee, and to its instruc- tions. The merits of the main question cannot be debated, since they will be open to debate when the committee reports. The mo- tion to postpone definitely, if adopted, only defers action until the specified time when the main question will be up for debate and action, so the debate is limited to the propriety of the postpone- ment to the designated time. The motion to lay on the table, if adopted, does not interfere with the right of the majority to take the question from the table and debate and act upon it, and there- fore it is undebatable. The previous question and motions to limit or extend the limits of debate are undebatable, because their === Page 186 =========================================================== very object is to prevent the consuming of time in debate. They require a two-thirds vote for their adoption, however, because of their interference with the freedom of debate. The Privileged Motions are all undebatable, because if debate were allowed on motions having such high rank they could be used to hinder business greatly. High privilege is incompatible with the right of debate. Although calling for the orders of the day and raising a question of privilege are undebatable, yet the orders of the day and the questions of privilege after being taken up are debatable. The motions for a recess and for appointing a time for an adjourned meeting, if made when no other question is pending, are treated as other main motions, and are therefore debatable. The motion to adjourn is always undebatable in an organized society. In a mass meeting, however, previous to adopt- ing any provision for holding an adjourned meeting, the motion to adjourn is a main motion with no special privilege, because if adopted the assembly would be dissolved with no provision for convening it again. The Incidental Questions, with the exception of an appeal and a resignation, allow of no debate. Their high privilege of interrupt- ing any questions to which they are incidental makes it inexpedient to allow them to be debated. But an appeal may involve ques- tions of vital importance which should not be decided without being open to debate. An appeal from a decision of the chair in a case involving indecorum, or violation of the rules of debate, or priority of business, is usually so simple that the best interests of the as- sembly demand that it be decided without debate, like other incidental questions. No debate is allowed on an appeal made during a division of the assembly, or while an undebatable motion is pending, or while any motion upon which the previous question has been ordered is pending. In all other cases an appeal is debat- able, but no member is allowed to speak more than once. The motions to amend and to reconsider are debatable to just the extent that the motion to be amended or to be reconsidered is debatable. The motion to take from the table is undebatable, as is the motion to lay on the table. The motions to rescind, to ratify, and to amend anything previously adopted are main motions, and are always debatable. The motions to reconsider, to rescind, to ratify, and to postpone indefinitely are not only debatable, but === Page 187 =========================================================== they open to debate the merits of the question to be reconsidered, rescinded, ratified, or postponed indefinitely. The fact that a motion is undebatable does not prevent the pre- siding officer from permitting questions to be asked and answered, or explanations to be made, before putting the question to vote. This is not debate. The presiding officer permits the conference only so long as he thinks it will assist the members in deciding how to vote. === Page 188 =========================================================== CHAPTER XVII VOTING Voting by the Voice (Viva Voce) or by Show of Hands ........................ 188 Voting by Rising ........................................................... 189 Voting by General Consent .................................................. 190 Voting by Ballot ........................................................... 190 Voting by Roll-Call (Yeas and Nays) ........................................ 191 Absentee Voting ............................................................ 191 Voting by Mail ........................................................... 191 Voting by Proxy .......................................................... 194 VIVA VOCE(1) VOTING An assembly expresses its will or opinion on a question by voting upon it. Whenever practicable the question is put in such a way that it may be answered by yes or no. A proposition is submitted to the assembly in the form of a resolution or motion, offered or made by one member and seconded by another. The question on the adoption of the motion is then stated to the assembly by the chair for its consideration. When the assembly is ready to take action upon it, the chair "puts the question" to the assembly as to whether it will adopt the motion, directing those in favor of the motion to say "Aye,"(2) and when they have responded he directs those opposed to say "No." Whichever side is the more numerous he declares "has it," and he then declares the motion adopted or lost, as the case may be. This is termed "voting," or "taking the vote." A majority of the votes cast is all that is necessary for the adoption of any motion excepting those for which common parliamentary law or the rules of the society prescribe a greater vote. In the case of a motion requiring a two-thirds vote for its adoption the chairman does not declare it adopted unless there are two thirds in the affirmative. The exact form of putting the question on the various motions will be found by referring to the Index, under Putting the Question. The method just described is always adopted unless otherwise -------------------------------------------------------------------------------- _ _ _ _ (1) Pronounced vi-va vo-se. (2) Pronounced like eye and I; it means "yes." === Page 189 =========================================================== ordered, except in certain assemblies where the voting is usually by "show of hands," that is, by raising the right hand. Where such is the custom, it must be understood that that method of voting is covered by the term "viva voce" as used in this book. The question is put thus: "As many as are in favor of the resolution will hold up their right hands. Down. Those opposed will signify [or manifest] it in the same way. The affirmative has it and the resolution is adopted." VOTING BY RISING If the difference between the affirmative and the negative votes is not sufficient to show clearly which side has won, the chair should take the vote again, this time by a "rising vote." In putting the question he says: "Those in favor of the motion will rise. Be seated. Those opposed will rise. The affirmative has it and the motion is adopted [or, The negative has it and the motion is lost]," etc. If, when those in the affirmative rise, the chair sees that there will be difficulty in deciding without a count which side has won, he should count those standing, or direct the secretary to do so. If the assembly is large he should appoint two or more tellers to count the voters on each side. In case of several hundred voters, two tellers should be appointed for each section of the hall so as to expedite the count. As soon as the two tellers for a section agree in their count, they may report to the presiding officer, who, when all have reported, announces the number of votes on each side and declares the motion adopted or lost, as the case may be. Instead of each pair of tellers reporting directly to the chair, they may all report to the chairman of the tellers, the first one named, and he reports the aggregate votes to the presiding officer. The tellers should be nearly equally divided between those in favor of and those opposed to the motion. Sometimes the chair is satisfied as to the viva voce vote, while some members are not. In such a case any member has a right to compel a rising vote to be taken. This he does by simply calling from his seat, "Division," immediately after the chair announces the viva voce vote. [See Division of the Assembly, page 167.] While a single member can compel a rising vote to be taken, it requires a majority vote to order a count. If a single member could force each vote to be counted, very little business could be transacted in large assemblies. Since the presiding officer is obliged === Page 190 =========================================================== to declare the vote, he must have the right to order a count when the vote is so close that he cannot decide it otherwise. GENERAL CONSENT Much time is wasted in some assemblies by taking formal votes in routine matters where there is evidently no difference of opinion. Sometimes very complicated cases can be settled quickly by means of "general consent." Suppose, after the adoption of a resolution, a serious grammatical error is discovered, due to the adoption of an amendment of the second degree. Instead of going through the long process necessary according to the rules to correct the error the chair should call attention to it, and read the resolution as it should be, and ask if there is any objection to the correction. It may require some consultation before a suitable correction is agreed upon, but when this is done the corrected resolution is treated the same as if the correction had been made by the neces- sary formal motions and votes. When the chair asks if there is any objection to a proposed action, and none is made, it is virtually a unanimous vote, and the chair should in the above-mentioned case announce the result by saying: "There being no objection [or, By general consent], the resolution is corrected so as to read as follows: ___." Minutes are usually approved in a similar way, the chair saying as soon as they are read: "Are there any cor- rections? [Pause.] There being none, the minutes stand ap- proved." BALLOT VOTING The methods of voting just described -- viva voce, show of hands, rising, and general consent -- have the objection of exposing one's vote; but they occupy so little time that they are always used in ordinary assemblies, except when a secret vote is required in order to get an expression of the real opinion of the assembly. In elec- tions, in cases involving the acceptance or the expulsion or other punishment of members, and in all cases of a similar nature, the voting should be by ballot, so as to be absolutely secret. It is usual for the by-laws to require officers and boards to be elected by ballot. Where not required by the rules, it takes a majority to require a vote to be taken by ballot. This method of voting is explained in connection with receiving members, elections, etc., as will be seen by consulting the Index, under Ballot. === Page 191 =========================================================== VOTING BY ROLL-CALL (YEAS AND NAYS) Voting by roll-call is tedious, and is useless except where the voters are responsible to their constituents and the names of those voting on each side are published. It is very useful in legislative assemblies, city councils, boards of education, etc., and often serves to prevent improper action by putting each member's vote on record. To make it of any value, however, a small minority must be able to require a yea and nay vote, and this provision must be in the by-laws. The U. S. Constitution provides that one fifth of the members present in either House of Congress may order a vote to be taken by yeas and nays. Some small bodies require the vote to be taken by yeas and nays on the demand of a single mem- ber. If there is nothing in the rules on the subject, it requires a majority vote to order the vote to be taken by roll-call. This majority vote could never be obtained at the only time it is needed. If the majority wish to do something they ought not to do, they certainly would not vote to put their individual votes on record. Besides the time spent in calling the roll of the entire member- ship of the society, it is necessary to make a record in the minutes of the names of those voting "Yea," and of those voting "Nay," and of enough others present and not voting to make a quorum, when a quorum does not vote. This record must be read at the next meeting. There is nothing to justify such a waste of time in ordinary societies. Voting by yeas and nays is fully explained in "Robert's Rules of Order Revised," page 197. ABSENTEE VOTING It is a general principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken. Each member must vote in person, so that a member temporarily leaving the hall cannot authorize another to cast his vote for him in his absence. There are, however, some exceptions to this rule, as voting by mail, which is used in some organizations when it is desired to secure a fuller vote than can be obtained in a meeting of the society, and proxy voting, which is allowed in stock corporations, as explained on page 194. Voting by Mail. A full vote of the society is very desirable when it is proposed to amend the by-laws, and yet it is impossible === Page 192 =========================================================== in many large societies to obtain the attendance of a majority of the members at a meeting. Under such circumstances a vote by mail secures a fuller and fairer expression of the will of the society than a vote of only those present at a meeting. There are societies whose membership extends over a state or large district, so that a large proportion of the members do not wish to incur the expense of attending the annual meeting in order to vote for the officers. In such cases it is better to have the nominations and elections by mail, thus enabling every member to vote. In many state and national organizations, members appointed on boards and committees are so scattered that much of their work must be done by mail. The old rule that nothing can be done by a committee except when it is in actual session was designed for committees of legislative bodies and of local organizations, and not for committees whose members are scattered and where no pro- vision is made for reimbursing the expenses of travel and hotel bills incident to a meeting of the committee. The spirit of the old rule, however, must be carried out. In all cases where it is practicable, and the minority desire it, and the matter is not urgent, action should be delayed until there is a meeting of the committee. If the matter is urgent, discussion and voting by mail or telephone should be permitted. In no case should advantage be taken of the liberty to vote by mail so as to suppress the views of the minority. It must be kept in mind that the committee does not possess this liberty when it is practicable for it to meet, unless every member is consulted and no one objects, or unless the society has authorized the committee to vote by mail. Sometimes local committees or boards take action in a case by means of the tele- phone, but this can be done only when every member is consulted and no objection to this method of voting is made. Voting by mail cannot be adopted unless authorized by the by-laws. It involves so much trouble that it is scarcely ever used except in elections and in voting on amendments to the by-laws. Its use in elections is explained on pages 233, 234. In voting by mail on an amendment to the by-laws the procedure is as follows: The proposed amendments should be numbered and printed, and on a separate slip should be printed the ballot, with instructions like the following form, the date being the date on which the ballots are to be counted. === Page 193 =========================================================== Ballot for Amendment to By-laws May 12, 19___. lst Amendment Yes, No. 2d Amendment Yes, No. N.B. Draw a line through either "Yes" or "No" for each amend- ment, leaving unmarked the one you wish to vote, and place the ballot within the smaller envelope, which you should seal. Sign where indicated on the smaller envelope and enclose it in the larger addressed envelope. Seal, stamp, and mail immediately. Besides the proposed amendments to the by-laws and the bal- lot, there is sent to each voter two envelopes, the smaller one having printed on it "Ballot for Amendments to By-Laws," and also a dotted line with the words "Signature of Voter" underneath. The larger one is addressed to the secretary. The secretary opens the outer envelopes and turns over the sealed inner envelopes to the chairman of the tellers, or committee, previously appointed to count the ballots. The tellers count the ballots as described under elec- tions, page 223, the tally sheets, however, being in the following form: 1st Amendment. Yes. ///X ///X ///X ///X ///X ///X ///X ///X ///X ///X ///X ///X ///X ///X ///X 75 No. ///X 5 2d Amendment. Yes. ///X ///X ///X ///X ///X ///X ///X ///X ///X ///X 50 No. ///X ///X ///X ///X ///X ///X / 31 Their report is made thus: 1st Amendment No. of votes cast ................................................. 80 No. necessary for adoption ........................................ 54 No. voting Yes .................................................... 75 No. voting No ..................................................... 5 2d Amendment No. of votes cast ................................................. 81 No. necessary for adoption ........................................ 54 No. voting Yes .................................................... 50 No. voting No ..................................................... 31 If an envelope is not signed, it is treated as a blank and ignored. This is necessary because the only guaranty that the ballot is cast by a member is the signature of the voter. If neither the Yes nor === Page 194 =========================================================== the No is crossed out, that ballot for that particular amendment is treated as a blank and ignored, as there is nothing to show for which side the ballot was intended; but this does not affect the votes for the other amendments on that ballot. Voting by Proxy. As has just been stated under Absentee Voting, proxy voting is an exception to the general rule that the right to vote is limited to the members who are actually present and vote in person. It is used only in stock corporations where the control is in the majority of the stock, not in the majority of the stockholders. If one person gets control of fifty-one per cent. of the stock he can control the corporation, electing such directors as he pleases in defiance of the hundreds or thousands of holders of the remaining stock. The laws for stock corporations are nearly always made on the theory that the object of the organization is to make money by carrying on a certain business, using capital supplied by a large number of persons whose control of the business should be in proportion to the capital they have put into the concern. The people who have furnished the majority of the capital should con- trol the organization, and yet they may live in different parts of the country, or be traveling at the time of the annual meeting. By the system of proxy voting they can control the election of directors without attending the meetings. A "proxy" is a power of attorney by which A authorizes B to act in his place, as his substitute for specified purposes. The word "proxy" is also used to designate the person who holds the proxy. The form of a proxy is shown on page 564. It should al- ways be irrevocable, and therefore should be limited to a specified meeting and its adjournments. If it were not made irrevocable the maker could at any moment revoke it, and if this were done freely endless confusion would result. Proxy Voting is not permitted in ordinary deliberative assem- blies unless the laws of the state in which the society is incorporated require it or the society by-laws provide for it. It is incompatible with the very idea of a deliberative assembly, and should be allowed only in stock corporations where it is the stock that is voted. Even there its use is generally limited to voting at the annual meeting for directors, for the ratification of acts of the directors, for enlargement or diminution of capital, and for other vital changes in the policy of the corporation. These proposed === Page 195 =========================================================== changes are stated in the circulars sent to the stockholders just before the annual election requesting the proxies of all stock- holders who do not expect to attend the meeting. The secretary usually sends to each stockholder a printed notice of the annual meeting, which notice states that the stock-transfer book will be closed at a specified date (usually ten or twenty days before the meeting) and that it will be reopened the day after the annual meeting; also a printed proxy blank with the name of the proxy inserted, and a stamped addressed envelope for enclosing the proxy. If revenue stamps are required on the proxy, they are affixed by the one requesting the proxy. The proxy must always be witnessed. Any one may be the witness. If the proxy is given by a corporation, it should be signed for the corporation by its president, or a vice-president, and the corporation's seal should be affixed and attested by its secretary, or assistant secretary, or other proper officer. The proxy should be sent immediately to the person for whom it is intended, or to the secretary. The stock-transfer book is closed at least ten days before the annual meeting, to enable the secretary to prepare a list of stock- holders and the number of shares held by each. Stock is voted as shown by the stock book when posted, so as to show all the transfers received at the office up to the time of closing the transfer book, regardless of who actually owns the stock at the time of the annual meeting. No notice is taken of sales of stock made after the speci- fied date for closing the transfer book, nor of sales made previously if the stock has not been presented by that date for registry. The proxies sent to the secretary should be listed, with the number of shares covered by each, so as to reduce to a minimum the clerical labor at the annual meeting. Proxies that are presented at the annual meeting should be checked by the secretary for the number of shares each represents. If this is not done before the voting begins, it must be done before the tellers count the votes. The proxies are usually pinned to the ballot for the directors, the ballot being signed by the person casting it, who is the person holding the attached proxies. In other words, the tellers must have evidence that each vote is cast by one who legally represents the number of shares of stock specified, and therefore the vote must be by a signed ballot, which of course cannot be secret. Usually very few attend a stockholders' meeting, a few persons holding a large number of proxies being the only ones present. === Page 196 =========================================================== The business of such organizations is transacted by the directors, who usually meet immediately and elect the officers and a small executive committee. Proxy voting is not allowed in the meetings of the directors. [See Election of Directors in Stock Corporations, page 234.] === Page 197 =========================================================== CHAPTER XVIII ELECTION OF MEMBERS OF SOCIETIES Viva Voce Election ......................................................... 198 Election by Ballot ......................................................... 199 Balls .................................................................... 200 Slips of Paper ........................................................... 201 Collecting the Ballots ................................................... 201 Election by Board of Directors ............................................. 202 Election of Members Where Membership Is Greatly Scattered .................. 202 The method of electing members varies greatly in different societies, depending upon the attitude of the societies toward in- creasing its membership. Some societies, especially benevolent ones, are ready to welcome almost any addition to their numbers, and have no election of members or rules on the subject, but allow any one to join by simply paying the small annual dues. Others require the applicant to be elected by a majority vote, the motion being made by any member, without any previous notice. Many require the application to be made through a committee, the ap- plication being endorsed by two or more members, and then, if the committee recommends the election of the candidate, a two- thirds, or three-fourths, or even a larger vote is required for the election. In some cases a single negative vote will defeat the election. Sometimes the number of members is limited, so that applications are put on the waiting list, and when a vacancy occurs the first one on the list is proposed by the membership committee. The method of voting on the election of members varies. In some societies the voting is viva voce, and in others, by some form of ballot. In the case of viva voce voting, a separate vote may be taken on each candidate, or a single vote may be taken on the entire group. In the latter case a separate vote may be obtained on any objectionable candidate by moving to strike out his name. In societies, however, where there will probably be negative votes cast, the election should always be by ballot. In balloting, each candidate may be voted for separately, or all the candidates may be balloted for on one ballot. Each society must adopt for itself === Page 198 =========================================================== the method best adapted to its own needs. No one method is best for all societies. A rejected application cannot be renewed during the same session, but it may be renewed at any subsequent session, provided the society has no rule to the contrary. A committee, however, would rarely report again an application shortly after its rejection. The vote rejecting an application can be reconsidered if the motion is made by one who declares that he voted in the negative. A vote admitting a member may be reconsidered, provided the motion to reconsider is made before the member has learned of his re- ception. Allowing the reconsideration of the vote on the reception of a member, under the limitations mentioned, is for the best interest of the society. Members may learn facts during the meet- ing, after the vote has been taken, that would have changed their votes had they known them in time, and these changes of votes may affect the result. The two general methods of electing mem- bers, by viva voce vote and by ballot vote, will now be explained in more detail. VIVA VOCE ELECTION OF MEMBERS In societies not exposed to the danger of having undesirable persons proposed for membership, there is no objection to allowing members to propose new members from the floor, and to proceeding immediately to their election by a viva voce vote. When there is no rule to the contrary, this method is allowable, a majority vote being all that is required for election. The member who proposes a new member obtains the floor and makes a motion similar to this: "I move that Mr. A be elected [or, received as] a member of the society." This motion must be seconded and may be debated the same as any other main motion. The motion to elect a candidate for membership usually cannot be amended, because no amendment can be germane. It is a propo- sition that a designated person be elected a member of a designated society. His election usually in no way affects the election of any other member, so the name cannot be changed; nor can the word "member" be changed, nor can the word "society" be changed. There is an exception to this rule when a society is limited in its membership. If in such a society there is only one vacancy, then, when a member is proposed, a motion to amend by changing the name would be germane, because the election of the first candidate would prevent the election of the second. This should never occur === Page 199 =========================================================== in viva voce elections, however, as a club with limited membership should always elect by ballot. Instead of allowing members to propose candidates from the floor, the rules of societies usually require the applications to be made through a standing Membership Committee, even when the elections are viva voce. If this committee is unfavorable to the application it makes no report on the case, because there is but little probability of the candidate's being elected when the com- mittee makes an adverse report. Still, by a majority vote the society can order a report to be made. If the committee decides favorably on the application, at the proper time for it to report, a member of the committee, usually its chairman, rises and says: "Mr. President, the Membership Committee has directed me to report the names of A, B, and C, with the recommendation that they be admitted to membership [or, received as members]. I move that they be received as members." Or, a form similar to this may be used: "By direction of the Membership Committee, I move that A, B, and C be received as members of this society." Since this motion is made by order of a committee, it is endorsed by at least two members and therefore requires no further second. If a separate vote is desired on one or more candidates, the proper course is to move to strike out those names. The voting being public, the making of this motion and voting for it does not increase the publicity of the opposition. This is the only way to prevent the election of undesirable candidates, except by rejecting the entire group, in which case none of them can be proposed again during that session. Where a very small number can prevent an election of a candidate, the election should be by ballot, so as to protect the negative voters. This is not so necessary when the opposition must be large to prevent the election. ELECTING MEMBERS BY BALLOT Electing members by ballot has the great advantage of not making known those who vote in the negative. For this reason it should always be adopted when the rules allow a small minority to defeat the election. If the by-laws require members to be elected by ballot, the rule cannot be suspended even by unanimous con- sent, because, if unanimous consent were asked, the opposition could not object without showing their opposition and thus defeat- ing the very object of the ballot, namely secrecy. === Page 200 =========================================================== When the election is by ballot, the members are proposed by the Membership Committee, as has just been described. The chair- man appoints tellers to distribute, collect, and count the ballots, and to report the vote to the society. The number of tellers required is dependent upon the number of voters and the number of can- didates. There should never be less than two tellers. Their duties and the advantage of having an ample number of tellers are explained under Tellers, page 221. The methods adopted for balloting for members are simpler than those used for electing officers, because there is much less liability of attempted fraud. There are two general methods of voting by ballot on the re- ception of members -- one with small balls, from which is derived the term "Ballot," and the other with slips of paper. The same methods are also used in voting as to whether a member is guilty of charges preferred against him, and on his expulsion, and on other important questions that can be answered by yes or no, and whenever it is desired to preserve secrecy in the vote. The two methods are as follows: (a) Balls. Many organizations use small white and black balls, or small white balls and black cubes. The white ball is used for the affirmative and the black ball or cube for the negative. From this is derived the expression "black-balled," meaning rejected. An ordinary ballot box is rectangular in shape, with a partition dividing it near the middle. The first compartment, into which all the balls are placed before the voting begins, has an opening in the end sufficiently large for a man to insert his hand, take a ball of the color he desires, and put it into the second compartment through a hole in the partition. Before voting begins, the ballot- box is inspected by the president to see that the second compart- ment is empty. The box is then passed by the tellers to the members, each member putting one ball from the first compartment into the second compartment, so that no one except himself sees the ball he is voting. This method of voting places all members on their honor to vote honestly. There is no way to detect the fraud if a member puts in two balls, except by counting the number of voters and the number of balls put into the second compartment. Neither the dishonest voter nor the fraudulent vote can be detected. Partially to remedy this defect, another style of ballot-box is used, one with two compartments, each having a hole over it for === Page 201 =========================================================== inserting the ball. One is marked "white" and the other "black." The voter takes from another box the ball he wishes to vote, and holds his hand so that the teller may see that he has only one ball, without seeing the color of the ball. Then, holding both hands together, the voter places the ball according to its color in the hand opposite the proper hole, and, holding each hand over a hole so that no one can see into which the ball is dropped, he drops the ball. The president should inspect the box before the voting, and after the tellers have removed the balls, to see that it is empty. This method requires the members to come to the ballot-box, so that the tellers can see that they have but a single ball. It is more troublesome than the other method, but is a better guard against double voting. (b) Slips of Paper. In using this method, the chair, after appointing tellers, announces the name or names of the candidates. If there is only one candidate, he directs the members to write "Yes" or "No" on the paper slips that have been distributed by the tellers, and then directs the tellers to collect the ballots. The ballots are collected and counted and reported as shown hereafter, and the chair announces the result. If there are several candi- dates to be voted for, the chair should instruct the members to write on the left of their ballots the names of all the candidates whom they intend to vote for or against, and to the right of each name the word "Yes" or "No," according as they vote for or against the candidate. In counting and reporting the ballots, the tellers must treat the votes for each candidate the same as though the candidates were voted for on separate ballots. In other words, each candidate's votes are independent of those cast for the others. Collecting Paper Ballots. In some organizations members go to the ballot-box and deposit their paper ballots. In others the ballot-box, or basket, or hat, or other receptacle, is passed by the tellers to the members in their seats, and each member deposits his ballot. This is a simple method, and there is no objection to it where there is no danger of fraudulent voting. In such cases there is no objection to the ballot slips being deposited without being folded, and there is the advantage that it facilitates counting. Under ballot voting for officers, page 219, is explained the precau- tions necessary when there is liability of fraudulent voting. As soon as the ballots are collected, the chair should ask if all have voted, thus giving an opportunity to any one who has been === Page 202 =========================================================== overlooked by the tellers to make the fact known. When all have voted, the chair says, "The polls are closed," and the tellers proceed to count the ballots. [See page 223.] While the tellers are counting the ballots, no one else should be allowed at the table where they are at work. As the votes are all affirmative or negative, their duties are very simple. As soon as the count is made, the teller first named reports to the assembly thus: "Mr. President: For Mr. A there are 60 votes in the affirmative and 3 in the negative; for Mr. B there are 58 in the affirmative and 4 in the negative; for Mr. C," etc. The chair repeats the report, and adds, "Messrs. A, B, and C are received as members of the society," or "Messrs. A, B, and C are elected members of the club." ELECTION OF MEMBERS BY BOARD OF DIRECTORS In many clubs the members are not elected directly by the club, but indirectly, by means of a board of directors, or managers, or governors, to whom all applications are made. This board, in some organizations, reports at every meeting of the society the names of all who have made application since the last meeting, so that members may have an opportunity to communicate to the board any objections to the reception of any applicant of which they have knowledge. The board does not act on the case until its next meeting after having reported the application to the society. The board also reports at each meeting of the society the names of all members received since the last meeting. ELECTION OF MEMBERS WHERE THE MEMBERSHIP IS GREATLY SCATTERED In this case the following method is pursued in some societies that are very careful about receiving new members. The written application for membership, endorsed or recommended by two or sometimes by three members, must be on file at the headquarters of the society about thirty days before the regular meeting at which it is to be acted upon. The president appoints for each application a committee of investigation consisting of two or three members. Two or three weeks before the regular meeting a printed notice of the meeting is mailed by the secretary to every member. This notice states what business is to come before the meeting, and contains a list of all candidates for membership to be voted for, === Page 203 =========================================================== with their addresses, and in each case the names of the members who recommended the candidate and the names of the investigat- ing committee. Members who know anything that should prevent the reception of a candidate are expected to communicate the facts to the chairman of the investigating committee. Some plan of this kind is necessary where the membership is scattered all over a state, or perhaps over the entire United States, since the applicants may be unknown to the committee and to the members actually present at the meeting when action is taken. === Page 204 =========================================================== CHAPTER XIX NOMINATION AND ELECTION OF OFFICERS, BOARDS, STANDING COMMITTEES Nominations ................................................................ 204 Nominations by Committee ................................................. 206 Nominations from the Floor ............................................... 207 Nominations by Ballot .................................................... 207 Elections, Viva Voce ....................................................... 209 Elections by Ballot in Small Societies ..................................... 210 Nominations by Committee and Election by Ballot ............................ 212 Nominations by Committee ................................................. 212 Election by Ballot in Ordinary Society ................................... 215 NOMINATIONS When it is desired to choose some one to fill a certain position in a society or any deliberative assembly, instead of making the ordinary motions it has been found more convenient to nominate persons for the position. A nomination is practically a motion that the nominee, the person nominated, be chosen for the position. A nomination is usually made viva voce, like any other motion, by a single member, in which case it is called a "nomination from the floor" or an "open nomination"; or it may be made by a com- mittee appointed for the purpose, known as the "nominating committee." Nominations may also be made by ballot, called a "nominating ballot," or by mail, as explained hereafter, page 233. Whenever nominations are referred to, viva voce nominations are meant unless one of the other methods is specified. A nomination differs from the ordinary motion in that it does not require a second; that there is no limit to the number of nominations; that in case of viva voce voting the voting is in the order of the nomi- nations, beginning with the first one nominated instead of beginning with the last one named, as with amendments; and that the voting ceases as soon as any candidate receives a majority vote. If a motion is made similar to this, "That A act as secretary of this meeting," and no other name is suggested, the chair should put the question to vote, the same as in case of any other motion. But === Page 205 =========================================================== if the motion is also made to amend by striking out A and inserting B, he should treat it as filling a blank, and at once modify the question, saying, "A and B have been nominated for secretary. Are there any more nominations?" Sometimes the term "nominate" is used in proposing candi- dates for membership in a society. There is a clear distinction between proposing a person for office and for membership, unless the membership is limited. Electing some one to fill an office pre- vents the election of any one else to that office, and therefore it is allowed to propose, or "nominate," additional candidates for the office. The case is somewhat similar in nominating members when there are more nominations than vacancies. The case of boards or committees is similar, for, while there is more than one position to fill, the number of positions is limited, so that the election of one member does to a certain extent interfere with the election of others, and therefore they are treated the same as in the case of officers. The election of a member of a society in which the mem- bership is unlimited, on the contrary, does not interfere with the election of any one else as a member, and therefore when he is proposed it is not allowed to propose another candidate to compete with him for election, as in the above-mentioned cases of nomina- tions. To illustrate the advantages of the nomination method over the ordinary motions, suppose five candidates, A, B, C, D, and E, are proposed in the order mentioned. If the method of the ordi- nary motion and amendment were followed, A's election would be first moved, and then it would be moved to amend by striking out A and inserting B, and then a motion would be made to amend that amendment by striking out B and inserting C. Having reached the limit of amendments, the friends of D and E can only ask their friends to vote against all other candidates, and say that as soon as there is an opportunity they will move to amend by inserting the names of their respective candidates. If C is the choice, only three votes would be necessary to settle the election, the votes being in the affirmative on the two amendments and then on the amended main motion, so that but little more time would be consumed than by the nomination method. But if C were voted down, then it would be moved to amend the amendment by striking out B and inserting D; and if that were lost it would be moved to strike out B and insert E. If this last amendment is either adopted or lost, === Page 206 =========================================================== it would be necessary to take a vote on the amendment of the first degree, and then on the main motion whether amended or not. By the nomination method the five candidates would be nomi- nated in succession by a friend of each. The candidates would then be voted for in the order of their nomination, beginning with the first and stopping as soon as one receives a majority vote, that is more ayes than noes. This is the fairer method, as the first nom- inees are more probably the choice of the assembly than the later nominees; and yet, the amendment method requires the votes on the first nominees to be taken last. The amendment method also takes more time, as it requires five different votes to be taken to elect either A or B, whereas the nomination method requires only one vote to elect A and two votes to elect B. Nominations can not be amended. They are seldom debated, though sometimes the member making the nomination makes what is termed a nominating speech. This also is sometimes done by one or more seconders of the nomination. If any person is nominated who is unable or unwilling to serve he should immediately decline. If he was previously asked whether he would accept a nomination and did not decline, it is an imposi- tion upon the society for him afterward to decline and to put the society to the trouble of selecting another candidate. Nominations by Committee. Usually a committee is appointed in advance to submit nominations for the various offices and boards to be elected at an annual meeting of a society. If the committee is well selected its nominees are almost certain of election. It should be reasonably sure that the persons nominated are willing to serve if elected. In case a nominee withdraws before the elec- tion, the committee should meet immediately and agree upon another nomination, which should be reported even though the committee has previously made its report. Although a committee is automatically discharged when its report is made, nevertheless a nominating committee, in order to complete the work assigned it is automatically revived, by the withdrawal of a nominee, provided the withdrawal occurs before the balloting begins. When called upon for its report, the chairman of the committee rises and says: "Mr. President, your [or, the Nominating] Committee makes [or submits] the following nominations: President, Mr. A. Vice- President, Mr. B"; etc. No other motion is made. The Committee has virtually moved that this ticket be elected. The president === Page 207 =========================================================== announces the nominations thus: "The Nominating Committee makes [or submits] the following nominations: President, Mr A," etc. [reading all the nominations]. "Are there any further nominations?" Nominations may now be made from the floor, as described in the next paragraph. Since the usual method of elect- ing officers and boards is by ballot after they have been nominated by a committee, this entire subject is fully treated under Nomi- nations by Committee and Election by Ballot, page 212. Nominations from the Floor. A nomination from the floor is made by a member's rising and saying, "I nominate Mr. A." This he does not do until the president has called for nominations or has announced that nominations are in order. The president repeats each nomination thus, "Mr. A is nominated," "Mr. B is nominated," etc. No second is required, though sometimes one or more members second the nomination to give it their endorse- ment. The maker and the seconders of a nomination have the right to advocate the claim of their nominee when making or sec- onding the nomination. As soon as the chair announces one nomi- nation, another may be made in the same way, and so on, as long as members wish to nominate. No one, except by general consent, can nominate more than one member of a board until all have had an opportunity to nominate. When the chair thinks no more nominations will be made, he inquires, "Are there any further nominations?" If there are none, he proceeds to take the vote on the nominations by whichever method the society has prescribed. In a large assembly it is generally well for the president to an- nounce that "Nominations are closed" before proceeding to the election or other business; but the mere proceeding to the election or other business, if no objection is made at the time, closes nom- inations by general consent. [See in this connection Closing Nominations, page 166.] In small assemblies nominations are frequently made by mem- bers from their seats without the formality of rising. In very large assemblies, on the other hand, members should address the chair as they rise. Nominating Ballot. In some organizations it is the custom to nominate by ballot instead of from the floor. It is sometimes called an informal ballot, but the more correct designation is a nominat- ing ballot. Its object is to ascertain the exact preference of the members, which can be expressed with secrecy by this method. === Page 208 =========================================================== Since each member has the opportunity to nominate on his ballot a candidate for each office, he has not the right to nominate from the floor, unless the assembly by a majority vote authorizes such nomi- nations. The ballot is conducted just the same as the ordinary bal- lot [see page 210], but the tellers' report does not state the number necessary for nomination, because every one voted for is nominated. The real value of the nominating ballot is that it shows the preferences of the members without electing any one. This enables members to vote more intelligently on the electing ballot. Suppose 100 nominating ballots were divided among five candidates thus, A 25, B 23, C 20, D 18, and E 14, and that those who vote for the last three candidates prefer either of these candidates to either A or B. The nominating ballot shows that if they combine on one candidate they can elect him, since they control 52 votes of the 100. In societies where the elections are by a plurality vote, the nomi- nating ballot is specially useful, as may be seen by the foregoing illustration, for in such a case A would have been elected on the first ballot even though seventy-five per cent. of the society were opposed to him. [See Plurality Vote, page 234.] Any nominee who is unable or unwilling to serve should decline the nomination immediately. If one of the nominees receiving the largest number of votes declines, a motion should be made to take another nominating ballot for that particular office. The majority will then decide whether conditions have so changed as to make another nominating ballot desirable. To illustrate the importance of this, suppose the nominating ballot gives for president the pref- erences thus: A 60, B 30, C 8, and D 2. In such a case the chances are that B is not the second choice of the 60 who voted for A, so that if A declines they would prefer some one else to B. In this case a motion could be made to reopen nominations and allow nominations from the floor, or to have another nominating ballot, or to combine the two methods. In the last case the motion could be made thus: "I move that nominations for president be reopened, and that nominations be allowed from the floor, after which another nominating ballot be taken." In some organizations that use the nominating ballot, the attempt is made to limit the voting at the electing ballot to the two nominees for each office receiving the highest number of votes for that office on the nominating ballot. Such action suspends one of the rights of members, and therefore, like motions limiting the === Page 209 =========================================================== right of debate, requires a two-thirds vote. Unless two thirds favor it, it is likely to do more harm than good. Sometimes this limitation is placed in the by-laws, which is a great mistake. In the case illustrated above, a by-law limiting the voting to A and B would deprive the majority of their right to vote for their choice. Such a by-law has led to worse results, as in a case where the nominating ballot gave 95 votes for A and 5 votes for B, and A declined. This left B the only eligible candidate according to the by-laws, as in- terpreted by the society, and he was elected, though ninety-five per cent. of those voting were opposed to his election. Sometimes the by-laws state that the two candidates receiving the largest number of votes on the nominating ballot shall be the official nom- inees. This does not prevent members from voting for other candidates, because voting is not limited to the nominees. Such a rule only prevents printing on the tickets the names of other candidates for the office. Sometimes a motion is made to declare the nominating ballot the electing ballot. If the by-laws require the election to be by ballot, the motion is out of order, since it does away with the ballot. This is also the case with the motion that "the secretary [or some other member] cast the ballot of the society for Mr. A." The essential thing in the ballot is its secrecy, and no one can vote on such motions without exposing his vote. VIVA VOCE ELECTIONS In mass meetings and in many societies the elections are viva voce. In a mass meeting the presiding officer is nominated by one who is appointed for the purpose of calling the meeting to order, nominating the chairman, and presiding until the chairman is elected. He does not call for other nominations, but acts as chairman, and immediately puts the question on his nominee. In societies using this method of voting in elections, the officers and boards are nominated by a nominating committee and from the floor, or from the floor alone. If the officers are elected in suc- cession, the second officer is not nominated from the floor until after the first one is elected. If the nominations are made by a committee, the viva voce election is conducted in the following manner: The time for the election having arrived, the president says: "The next business in order is the election of officers for the ensuing year. The nom- === Page 210 =========================================================== inating committee will please report." The chairman of the nominating committee rises and says: "Mr. President, your nom- inating committee submits [or makes] the following nominations: President, Mr. A; Vice-President, Mr. B"; etc. The president reads all the names and then says: "Mr. A is nominated by the committee for president. Are there any more nominations for president?" Now any one may nominate from the floor, as de- scribed under Nominations from the Floor, page 207. If the elec- tion is to be viva voce, when the nominations have ended, the presi- dent repeats the nominations and says: "As many as are in favor of Mr. A for president say 'Aye.' Those opposed say 'No.'" If there are more ayes than noes, he continues: "The ayes have it and Mr. A is elected president." If the noes are in the majority he says, "The noes have it and Mr. A is not elected. Those in favor of Mr. M [the next nominee] say 'Aye.' Those opposed say 'No,'" etc. If Mr. M is not elected, the president puts the question on the next nomination, and so on until one receives a majority vote, that is, more ayes than noes, and then the chair declares that one elected, and says: "The committee nominates Mr. B for vice- president. Are there any other nominations for vice-president?" The other officers are elected in the same way. It will be noticed that it is necessary for the friends of a can- didate to vote against the other candidates, because if one of the others receives only two votes, and yet only one person votes against him, he receives a majority vote and is elected. In such a case of negligence the only remedy is for some one to call out imme- diately, "Division," whereupon the chair proceeds to take the vote again, this time taking a rising vote. As soon as one receives a majority vote, the office thereby being filled, no votes are taken on the remaining nominees. BALLOT ELECTIONS IN SMALL SOCIETIES In small societies a very common method of electing officers and boards at their annual meetings is to have nominations made from the floor, and then to have the vote taken by ballot. Some- times the officers are elected separately, and sometimes they are all voted for on one ballot. There is a great advantage in not voting for the second officer until it is known who is elected to fill the first office, but it takes so much time that the plan is seldom used in large societies or conventions. In a small society the sep- === Page 211 =========================================================== arate election of officers may be combined with any form of nomination. When officers are voted on separately, which is done only when there are few offices to fill, or few voters, the election is conducted as follows: The chair announces that "The business before the assembly is the election of officers. The chair appoints X and Y as tellers. The tellers will distribute blank slips [which should be provided in advance by the secretary], one to each member, who will immediately write on the slip his choice for president. Are there any nominations for president?" If a nominating committee has been appointed, the president calls on it to report before calling for nominations from the floor. The committee makes all its nominations at one time, and the president repeats the committee's nominations for each office just before calling for nominations from the floor, as in case of viva voce elections. When the nomi- nations are ended, the chair directs the tellers to collect the ballots, which they do in any convenient receptacle, the only essential points being that none but members vote, that no member puts in more than one ballot, and that the vote is secret. This does not mean that a member cannot show his ballot to another member, but the tellers have no right to look at the ballots when collecting them so as to be able to identify any one's vote. When the tellers have collected the ballots, the chair should inquire if all who wish to do so have voted. Any member who has been passed over by the tellers should hold up his ballot so the tellers can see it, and it should be collected by one of them. The chair should then direct the tellers to count the ballots, which should be done preferably in another room. Any business may be transacted while the tellers are out, and in some cases there is no objection to proceeding to elect another officer, taking care, however, not to proceed to an election that might be affected by the result of the preceding one, the ballots for which are being counted. New tellers may be appointed for the second election, and these two sets of tellers will enable the elec- tion to be expedited. Both sets of tellers should be given an opportunity to vote in elections held while they are counting ballots. When the tellers report, the chair repeats the report and announces who is elected. The tellers should never announce the result. If all the offices are balloted for at the same time, at least four tellers should be appointed. In this case the chair should direct the === Page 212 =========================================================== members to write the name of the person for whom they vote immediately under (or after) the name of the office he is to fill. The method of counting the ballots in this case is described on page 223, and the form of the tellers' report on page 561. NOMINATIONS BY COMMITTEE AND ELECTION BY BALLOT Nominations by Committee. Officers and boards of large so- cieties are usually nominated by a committee and elected by ballot. In conventions this method of nomination and election is always followed. Since the report of the committee usually consists of a printed ticket, the committee must be appointed early enough to allow for the printing. In an annual convention of delegates the by-laws should provide that the committee be appointed in advance by the Executive Board or Board of Directors, or, at the first meeting of the convention, by the convention itself. It may be appointed by any of the methods mentioned on page 254, except that it should never be appointed by the president, because in case of his renomination it would prove embarrassing. Unless the by-laws or a resolution of the society prescribe the method, the nominating committee should be appointed by the assembly. In local societies having frequent regular meetings, it is well for the by-laws to require the nominating committee to be appointed at least a month before the annual meeting. In some organizations the printed ticket is mailed to the members previous to the annual meeting. In others it is posted in their club-room at least a week before the annual meeting. The nominating committee previous to submitting its report should, if practicable, satisfy itself that the nominees will, if elected, accept the offices and perform the duties thereof. This is especially necessary in large organizations where the voters are numerous, and in conventions of delegates. In nominating the officers, consideration should be given to the duties to be performed. In some societies the president is merely the presiding officer at its meetings, and in such societies he should be chosen on account of his ability to preside. A poor presiding officer almost always means trouble. In other societies the princi- pal duties of the president are of an administrative nature, and his ability in this line is of more importance to the society than his ability as a presiding officer. In some societies the only duty of the vice-president is to pre- === Page 213 =========================================================== side in the absence of the president. In others he assumes all the duties of the president in case of the death or resignation of the latter. In still others the several vice-presidents are the heads of different departments of work. These duties should be considered in nominating these officers. The secretary, or clerk, or recorder, or scribe, as he is variously called, is in most societies a very important officer, and the nomi- nating committee should be careful to nominate some one who would keep accurate records, and would avoid boring the society with attempts to exhibit his literary talents. Other officers and boards should be selected in a similar way for their efficiency, and not for social or complimentary reasons. Much trouble has resulted in societies as a result of failure to observe this rule. Usually the nominating committee reports a ticket with only one nominee for each office, but sometimes the by-laws require them to report two nominees for each office. It is doubtful if any good is accomplished by this. If the committee desires the election of one candidate, it can select for the other a person whom it would be impossible to elect. Those who are opposed to the nominations of the committee have their remedy in nominating their candidates from the floor when the committee reports, and then "scratching" the printed ticket, that is, crossing out the objectionable names and replacing them by the names of their candidates. If it is desired to have the committee report two nominations for each office, both parties should be well represented on the committee, and the first nominee for each office should be chosen by the majority and the second nominee by the minority of the committee. In some societies the so-called Australian Ballot is used, in which case the duties of the nominating committee are somewhat different, because under that system all the nominations are printed on the ticket and it is necessary to indicate by a mark which nom- inee is voted for. This should never be confounded with the single ticket system, in which only one name for each office is printed, and therefore there is no occasion for designating by a cross for which of the several nominees the vote is cast. [See Australian Ballot, page 231.] Report of the Nominating Committee. This report consists simply of a list of the offices to be filled, each office being followed by the name of the nominee. It may be simply in writing if the === Page 214 =========================================================== number of voters and offices to be filled is small, or if the election is not to be held until a future day. If the voters and offices to be filled are numerous, and the election is to be held immediately, it is usually better for the committee to report a printed ticket with a nominee for each office, and a blank space below each name in which the voter may write the name of a candidate that he prefers. These tickets can be used for ballots at the election. If the election is held on another day, the tickets, or ballots, should not be printed until after the committee has reported, and the ballots should include the nominations that have been made from the floor. Presenting the Committee's Report. When called upon for the committee's report, the chairman rises and says: "Mr. President, your nominating committee makes [or submits] the following nominations: President, Mr. A," etc., reading the ticket and handing it to the president and then resuming his seat. The president reads the ticket again, or has it read by the secretary, or, in very large assemblies, by the reading clerk or official reader. The president then asks if there are any more nominations, after which any member may nominate a candidate for any office to be filled, as described under Nominations from the Floor, page 207. If it is evident that there will be many nominations from the floor, the chairman should call for nominations for each office in suc- cession, taking them in the same order as they are on the ticket reported by the nominating committee. Preparing the Ballots. If the tickets are printed it is well to have them distributed before the committee reports, so that members who wish to do so may "scratch" their tickets as they hear nominations that they prefer to those submitted by the com- mittee. The change may be made by writing the preferred name under the one reported by the committee. It is better, though not necessary, to cross out the printed name. When there are several to be elected to the same office, as to membership on a board, it is necessary to cross out the name of every candidate for whom it is not intended to vote. If there are more names left than va- cancies to fill, all the votes for that office except those written in are ignored. If there are 6 names left and only 5 to be elected, the tellers cannot determine which of the printed names are voted for, and therefore they must reject all but the written ones. This does not affect the other votes on the same ticket. Whenever === Page 215 =========================================================== a ticket or ballot is printed and more than one are to be elected to the same office, the number to be elected should be stated above the names of the nominees for the office. If there are a number of members ineligible to the office, the fact in some way should be called to the attention of the voters. In a small society it might be sufficient for the chair to state the by-law that makes certain persons ineligible, and then to repeat the names of those ineligible. Where there are large boards, one third going out of office each year, members may not remember the names of those holding over. Some by-laws make all who have held office for, say, three years consecutively, ineligible for one year thereafter to any office. The voters should be informed as to all ineligible persons. When the ballot is printed, it is well to have on it full directions with the names of the ineligibles, so that there will be no excuse for any votes being cast for ineligible persons. If a member is in doubt as to any point, he should rise, address the chair, and make his inquiry. When the nominations are all made, the next step is the election by ballot. A nomination is really a motion that the nominee fill the specified office, and consequently, if accepted, adopted, or agreed to