PART I. (continued 3)

If the reconsideration is moved while another subject is before the assembly, it cannot interrupt the pending business, but, as soon as that has been disposed of, if called up it has the preference over all other main motions and general orders. In such a case the chair does not state the question on the reconsideration until it is called up.

If the motion to reconsider is made at a time when the reconsideration could be called up if it had been previously made, the chair at once states the question on the reconsideration, unless the mover adds to his motion the words, “and have it entered on the minutes,” as explained further on.

If, after the vote has been taken on the adoption of a main motion, it is desired to reconsider the vote on an amendment, it is necessary to reconsider the vote on the main question also, and one motion should be made to cover both votes. The same principle applies in case of an amendment to an amendment, whether the vote has been taken on the resolution, or only on the amendment of the first degree. When the motion covers the reconsideration of two or three votes, the debate is limited to the question that was first voted on. Thus, if the motion is to reconsider the votes on a resolution and amendments of the first and second degree, the debate is limited to the amendment of the second degree. If the motion to reconsider is adopted the chair states the question on the amendment of the second degree and recognizes the mover of the reconsideration as entitled to the floor. The question is now in exactly the same condition it was in just previous to taking the original vote on that amendment.

The Forms of making this motion are as follows: “I move to reconsider the vote on the resolution relating to a banquet.” “I move to reconsider the vote on the amendment to strike out ‘Wednesday’ and insert ‘Thursday.’” [This form is used when the resolution is still pending.] “I move to reconsider the votes on the resolution relating to a banquet and on the amendment to strike out ‘Wednesday’ and insert ‘Thursday.’” [This form is used when the vote has been taken on the resolution, and it is desired to reconsider the vote on an amendment.] When the motion to reconsider is made the chair states the question, if it can then be considered, and proceeds as with any other question. If it cannot be considered at that time, he says, “Mr. A moves to reconsider the vote on.................... The secretary will make a note of it,” and proceeds with the pending business. The reconsideration, after being moved, is brought before the assembly for action as explained in the previous paragraph. If it is called up by a member, he simply says, after obtaining the floor, “I call up the motion to reconsider the vote on....................” This call requires no second or vote. If the call is in order, as previously explained, the chair says, “The motion to reconsider the vote [or votes] on.................... is called up. The question is, ‘Will the assembly reconsider the vote [or votes] on....................? Are you ready for the question?’” If the reconsideration is one that the chair states the question on as soon as it can be considered (as when it is moved to reconsider an amendment while another amendment is pending), as soon as the proper time arrives the chair states the question on the reconsideration the same as if the motion to reconsider were made at this time.

When the debate, if there is any, is finished, he puts the question thus: “As many as are in favor of reconsidering the vote on the resolution relating to a banquet, say aye; those opposed say no. The ayes have it and the vote on the resolution is reconsidered. The question is now on the resolution, which is,” etc. Or, the question may be put thus: “The question is, Will the assembly reconsider the votes on the resolution relating to a banquet, and on the amendment to strike out ‘Wednesday’ and insert ‘Thursday?’ As many as are in favor of the reconsideration say aye; those opposed say no. The ayes have it and the votes on the resolution and the amendment are reconsidered. The question is now on the amendment, which is,” etc. If the motion to reconsider is adopted the business is in exactly the same condition it was in before taking the vote, or the votes, that have been reconsidered, and the chair instantly states the question on the immediately pending question, which is then open to debate and amendment as before.

The Effect of Making this motion is to suspend all action that the original motion would have required until the reconsideration is acted upon; but if it is not called up, this effect terminates with the session32 [63], except in an assembly having regular meetings as often as quarterly, when, if not called up, its effect does not terminate till the close of the next regular session. As long as its effect lasts, any one at an adjourned, or a special, or a regular meeting, may call up the motion to reconsider and have it acted upon, though it is not usual for any one but the mover to call it up on the day it is made if the session lasts beyond that day and there is no need of prompt action.

The Effect of the Adoption of this motion is to place before the assembly the original question in the exact position it occupied before it was voted upon; consequently no one, after the reconsideration is adopted, can debate the question reconsidered who had on that day exhausted his right of debate on that question; his only recourse is to discuss the question while the motion to reconsider is before the assembly. If the question is not reconsidered until a later day than that on which the vote to be reconsidered was taken, then it is open to free debate regardless of speeches made previously. When a vote taken under the operation of the previous question is reconsidered, the question is then divested of the previous question, and is open to debate and amendment, provided the previous question had been exhausted by votes taken on all the questions covered by it, before the motion to reconsider was made.

In standing and special committees a vote may be reconsidered regardless of the time elapsed since the vote was taken, provided the motion is made by one who did not vote with the losing side, and that all members who voted with the prevailing side are present, or have received due notice that the reconsideration would be moved at this meeting. A vote cannot be reconsidered in committee of the whole.

Reconsider and Have Entered on the Minutes.33 The motion to reconsider, as previously explained in this section, provides means for correcting, at least on the day on which it occurred, errors due to hasty action. By using the same motion and having it entered on the minutes so that it cannot be called up until another day, a means is provided for preventing a temporary majority from taking action that is opposed by the majority of the society. This is needed in large societies with frequent meetings and small quorums, the attendance in many cases not exceeding ten per cent of the membership. It enables a society with a small quorum to protect itself from injudicious action by temporary majorities, without requiring previous notice of main motions and amendments as is done in the English Parliament. To accomplish this, however, it is necessary to allow this form of the motion to be applied to a vote finally disposing of a main motion, regardless of the fact that the motion to reconsider has already been made. Otherwise it would be useless, as it would generally be forestalled by the motion to reconsider, in its simple form, which would be voted down, and then this motion could not be made. As this form of the motion is designed only to be used when the meeting is an unrepresentative one, this fact should be very apparent, and some members of the temporary minority should vote with the temporary majority on adopting or postponing indefinitely a main motion of importance, when they think the action is in opposition to the wishes of the great majority of the society. One of them should then move “to reconsider the vote on the resolution [or motion] and have it [or, request that it be] entered on the minutes,” which has the effect of suspending all action required by the vote it is proposed to reconsider, as previously explained, and thus gives time to notify absent members of the proposed action. If no member of the temporary minority voted with the majority, and it is too late for any one to change his vote so as to move to reconsider, then some one should give notice of a motion to rescind the objectionable vote at the next meeting, which may be done by a majority vote after this notice has been given.

Should a minority make an improper use of this form of the motion to reconsider by applying it to a vote which required action before the next regular business meeting, the remedy is at once to vote that when the assembly adjourns it adjourns to meet on another day, appointing a suitable day, when the reconsideration could be called up and disposed of. The mere making of this motion would probably cause the withdrawal of the motion to reconsider, as it would defeat the object of that motion if the majority of the society is in favor of the motion to be reconsidered. If the motion to reconsider is withdrawn, of course the other would be.

This form of the motion to reconsider and have entered on the minutes differs from the simple form to reconsider in the following respects:

(1) It can be made only on the day the vote to be reconsidered is taken. If a meeting is held on the next day the simple form of the motion to reconsider, made then, accomplishes the object of this motion by bringing the question before the assembly on a different day from the one when the vote was taken.

(2) It outranks the simple form of the motion to reconsider, and may be made even after the vote has been taken on the motion to reconsider, provided the result of the vote has not been announced. If made after the simple form of the motion to reconsider, it supersedes the latter, which is thereafter ignored.

(3) It can be applied only to votes which finally dispose of the main question. They are as follows: an affirmative or negative vote on adopting, and an affirmative vote on postponing indefinitely, a main question. And it may be applied to a negative vote on the consideration of a question that has been objected to, provided the session extends beyond that day.

(4) In an assembly not having regular business meetings as often as quarterly, it cannot be moved at the last business meeting of a session.

(5) It cannot be called up on the day it is made, except when it is moved on the last day of a session of an assembly not having regular business sessions as often as quarterly, when any one can call it up at the last business meeting of the session.

After it is called up there is no difference in the treatment of the two forms of the motion.

37. Rescind, Repeal, or Annul. Any vote taken by an assembly, except those mentioned further on, may be rescinded by a majority vote, provided notice of the motion has been given at the previous meeting or in the call for this meeting; or it may be rescinded without notice by a two-thirds vote, or by a vote of a majority of the entire membership. The notice may be given when another question is pending, but cannot interrupt a member while speaking. To rescind is identical with the motion to amend something previously adopted, by striking out the entire by-law, rule, resolution, section, or paragraph, and is subject to all the limitations as to notice and vote that may be placed by the rules on similar amendments. It is a main motion without any privilege, and therefore can be introduced only when there is nothing else before the assembly. It cannot be made if the question can be reached by calling up the motion to reconsider which has been previously made. It may be made by any member; it is debatable, and yields to all privileged and incidental motions; and all of the subsidiary motions may be applied to it. The motion to rescind can be applied to votes on all main motions, including questions of privilege and orders of the day that have been acted upon, and to votes on an appeal, with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the assembly cannot undo; or where it is in the nature of a contract and the other party is informed of the fact; or, where a resignation has been acted upon, or one has been elected to, or expelled from, membership or office, and was present or has been officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to membership or office, which requires the same preliminary steps and vote as is required for an election.

Where it is desired not only to rescind the action, but to express very strong disapproval, legislative bodies have, on rare occasions, voted to rescind the objectionable resolution and expunge it from the record, which is done by crossing out the words, or drawing a line around them, and writing across them the words, “Expunged by order of the assembly,” etc., giving the date of the order. This statement should be signed by the secretary. The words expunged must not be so blotted as not to be readable, as otherwise it would be impossible to determine whether more was expunged than ordered. Any vote less than a majority of the total membership of an organization is certainly incompetent to expunge from the records a correct statement of what was done and recorded and the record of which was officially approved, even though a quorum is present and the vote to expunge is unanimous.

38. Renewal of a Motion. When an original main motion or an amendment has been adopted, or rejected, or a main motion has been postponed indefinitely, or an objection to its consideration has been sustained, it, or practically the same motion, cannot be again brought before the assembly at the same session, except by a motion to reconsider or to rescind the vote. But it may be introduced again at any future session.

In assemblies having regular sessions as often at least as quarterly, a main motion cannot be renewed until after the close of the next regular session, if it was postponed to that next session; or laid on the table; or adopted, or rejected, or postponed indefinitely, and the motion to reconsider was made and not acted on at the previous session. In these cases the question can be reached at the next session at the time to which it was postponed, or by taking it from the table, or by reconsidering the vote.

In assemblies whose regular sessions are not as frequent as quarterly, any motion which has not been committed or postponed to the next session may be renewed at that next session. The motions to adjourn, to take a recess, and to lay on the table, may be made again and again, provided there has been progress in debate or business, but the making of, or voting on, these motions is not business that justifies the renewal of a motion. Neither a motion to postpone indefinitely nor an amendment can be renewed at the same session, but the other subsidiary motions may be renewed whenever the progress in debate or business is such as to make the question before the assembly practically a different one. To take from the table and a call for the orders of the day may be renewed after the business is disposed of that was taken up when the motion to take from the table, or for the orders of the day, was lost. To postpone indefinitely cannot be renewed even though the main motion has been amended since the indefinite postponement was previously moved. A point of order cannot be raised if an identical one has been raised previously without success during the same session. And after the chair has been sustained in a ruling he need not entertain an appeal from a similar decision during the same session. Minutes may be corrected regardless of the time elapsed and of the fact that the correction had been previously proposed and lost.

When a subject which has been referred to a committee is reported back at the same meeting, or a subject that has been laid on the table is taken up at the same meeting, it is not a renewal.

The following motions, unless they have been withdrawn, cannot be renewed at the same session: to adopt or postpone indefinitely an original main motion; to amend; to reconsider, unless the question to be reconsidered was amended materially when previously reconsidered; to object to the consideration of a question; to fix the same time to which to adjourn; to suspend the rules for the same purpose at the same meeting, though it may be renewed at another meeting held the same day.

It is the duty of the chair to prevent the privilege of renewal from being used to obstruct business, and when it is evident that it is being so misused he should protect the assembly by refusing to recognize the motions, as explained under Dilatory Motions [40].

39. Ratify. This is a main motion and is used when it is desired to confirm or make valid some action which requires the approval of the assembly to make it valid. The assembly may ratify only such actions of its officers or committees, or delegates, as it had the right to authorize in advance. It cannot make valid a viva voce election when the by-laws require it to be by ballot, nor can it ratify anything done in violation of the laws of the state, or of its own constitution or by-laws, except that it may ratify emergency action taken at a meeting when no quorum was present, even though the quorum is provided for in a by-law. A motion to ratify may be amended by substituting a motion of censure, and vice versa, when the action has been taken by an officer or other representative of the assembly. It is debatable and opens the entire question to debate.

40. Dilatory, Absurd, or Frivolous Motions. For the convenience of deliberative assemblies, it is necessary to allow some highly privileged motions to be renewed again and again after progress in debate or the transaction of any business, and to allow a single member, by calling for a division, to have another vote taken. If there was no provision for protecting the assembly, a minority of two members could be constantly raising questions of order and appealing from every decision of the chair, and calling for a division on every vote, even when it was nearly unanimous, and moving to lay motions on the table, and to adjourn, and offering amendments that are simply frivolous or absurd. By taking advantage of parliamentary forms and methods a small minority could practically stop the business of a deliberative assembly having short sessions, if there was no provision for such contingency. Congress met it by adopting this rule: “No dilatory motion shall be entertained by the speaker.” But, without adopting any rule on the subject, every deliberative assembly has the inherent right to protect itself from being imposed upon by members using parliamentary forms to prevent it from doing the very thing for which it is in session, and which these forms were designed to assist, namely, to transact business. Therefore, whenever the chair is satisfied that members are using parliamentary forms merely to obstruct business, he should either not recognize them, or else rule them out of order. After the chair has been sustained upon an appeal, he should not entertain another appeal from the same obstructionists while they are engaged evidently in trying by that means to obstruct business. While the chair should always be courteous and fair, he should be firm in protecting the assembly from imposition, even though it be done in strict conformity with all parliamentary rules except this one, that no dilatory, absurd, or frivolous motions are allowed.

As an illustration of a frivolous or absurd motion, suppose Mr. A is to be in the city next week and a motion has been made to invite him to address the assembly at its next meeting, the meetings being weekly. Now, if a motion is made to refer the question to a committee with instructions to report at the next regular meeting, the chair should rule it out of order as frivolous or absurd.

41. Call of the House.34 (This cannot be used in ordinary assemblies, as they have not the power to compel the attendance of members.)

The object of a call of the house is to compel the attendance of absent members, and is allowable only in assemblies that have the power to compel the attendance of absentees. It is usual to provide in such assemblies that when no quorum is present, a specified small number can order a call of the house. In Congress a call of the house may be ordered by a majority vote, provided one-fifth of the members elect are present. A rule like the following would answer for city councils and other similar bodies that have the power to enforce attendance.

Rule. When no quorum is present, if one-fifth of the members elect are present, they may by a majority vote order a call of the house and compel the attendance of absent members. After the call is ordered, a motion to adjourn, or to dispense with further proceedings in the call, cannot be entertained until a quorum is present, or until the sergeant-at-arms35 reports that in his opinion no quorum can be obtained on that day.

If no quorum is present, a call of the house takes precedence of everything, even reading the minutes, except the motion to adjourn, and only requires in its favor the number specified in the rule. If a quorum is present a call should rank with questions of privilege [19], requiring a majority vote for its adoption, and if rejected it should not be renewed while a quorum is present at that meeting. After a call is ordered, until further proceedings in the call are dispensed with, no motion is in order except to adjourn and a motion relating to the call, so that a recess could not be taken by unanimous consent. An adjournment puts an end to all proceedings in the call, except that the assembly before adjournment, if a quorum is present, can order such members as are already arrested to make their excuse at an adjourned meeting.

Proceedings in a Call of the House. When the call is ordered the clerk calls the roll of members alphabetically, noting the absentees; he then calls over again the names of absentees, when excuses36 can be made; after this the doors are locked, no one being permitted to leave, and an order similar in form to the following is adopted: “Ordered, That the sergeant-at-arms take into custody, and bring to the bar of the House, such of its members as are absent without the leave of the House.” A warrant signed by the presiding officer and attested by the clerk, with a list of absentees attached, is then given to the sergeant-at-arms, who immediately proceeds to arrest the absentees. When he appears with members under arrest, he proceeds to the chairman’s desk (being announced by the door-keeper in large bodies), followed by the arrested members, and makes his return. The chairman arraigns each member separately, and asks what excuse he has to offer for being absent from the sittings of the assembly without its leave. The member states his excuse, and a motion is made that he be discharged from custody and admitted to his seat either without payment of fees or after paying his fees. Until a member has paid the fees assessed against him he cannot vote or be recognized by the chair for any purpose.

Art. VII. Debate.

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42. Debate 178

43. Decorum in Debate 180

44. Closing and Preventing Debate 182

45. Principles of Debate and Undebatable Motions 184

42. Debate. In 1-6 are explained the necessary steps preliminary to debate—namely, that when no business is pending a member shall rise and address the chair by his title, and be recognized by the chair as having obtained the floor; and that the member shall then make a motion which, after being seconded, shall be stated by the chair, who shall then ask, “Are you ready for the question?” The question is then open to debate, as is partially explained in 7, which should be read in connection with this section. No member shall speak more than twice during the same day to the same question (only once on an appeal), nor longer than ten minutes at one time, without leave of the assembly; and the question upon granting the leave shall be decided by a two-thirds vote without debate.37 No member can speak a second time to a question as long as any member desires to speak who has not spoken to the question. If greater freedom is desired, the proper course is to go into committee of the whole, or to consider it informally, either of which requires only a majority vote; or to extend the limits of debate [30], which requires a two-thirds vote. So the debate, by a two-thirds vote, may be limited to any extent desired, as shown in 30. The member upon whose motion the subject was brought before the assembly, is entitled to close the debate with a speech, if he has not previously exhausted his twenty minutes, but not until every one else wishing to speak has spoken. He cannot, however, avail himself of this privilege after debate has been closed.38 An amendment, or any other motion, being offered, makes the real question before the assembly a different one, and, in regard to the right to debate, is treated as a new question. When an amendment is pending the debate must be confined to the merits of the amendment, unless it is of such a nature that its decision practically decides the main question. Merely asking a question, or making a suggestion, is not considered as speaking. The maker of a motion, though he can vote against it, cannot speak against his own motion. [To close the debate see 44.]

The right of members to debate and make motions cannot be cut off by the chair’s putting a question to vote with such rapidity as to prevent the member’s getting the floor after the chair has inquired if the assembly is ready for the question. Even after the chair has announced the vote, if it is found that a member arose and addressed the chair with reasonable promptness after the chair asked, “Are you ready for the question?” he is then entitled to the floor, and the question is in exactly the same condition it was before it was put to vote. But if the chair gives ample opportunity for members to claim the floor before putting the question and they do not avail themselves of it, they cannot claim the right of debate after the voting has commenced.

43. Decorum in Debate. In debate a member must confine himself to the question before the assembly, and avoid personalities. He cannot reflect upon any act of the assembly, unless he intends to conclude his remarks with a motion to rescind such action, or else while debating such a motion. In referring to another member, he should, as much as possible, avoid using his name, rather referring to him as “the member who spoke last,” or in some other way describing him. The officers of the assembly should always be referred to by their official titles. It is not allowable to arraign the motives of a member, but the nature or consequences of a measure may be condemned in strong terms. It is not the man, but the measure, that is the subject of debate.

If one desires to ask a question of the member speaking, he should rise, and without waiting to be recognized, say, “Mr. Chairman, I should like to ask the gentleman a question.” The chair then asks the speaker if he is willing to be interrupted, or the speaker may at once consent or decline, addressing, however, the chair, through whom the conversation must be carried on, as members cannot directly address one another in a deliberative assembly. If the speaker consents to the question, the time consumed by the interruption comes out of the time of the speaker.

If at any time the chairman rises to state a point of order, or give information, or otherwise speak, within his privilege, the member speaking must take his seat till the chairman has been heard first. When called to order by the chair the member must sit down until the question of order is decided. If his remarks are decided to be improper, he cannot proceed, if any one objects, without the leave of the assembly expressed by a vote, upon which question no debate is allowed.

Disorderly words should be taken down by the member who objects to them, or by the secretary, and then read to the member. If he denies them, the assembly shall decide by a vote whether they are his words or not. If a member cannot justify the words he used, and will not suitably apologize for using them, it is the duty of the assembly to act in the case. If the disorderly words are of a personal nature, after each party has been heard, and before the assembly proceeds to deliberate upon the case, both parties to the personality should retire, it being a general rule that no member should be present in the assembly when any matter relating to himself is under debate. It is not, however, necessary for the member objecting to the words to retire unless he is personally involved in the case. Disorderly words to the presiding officer, or in respect to the official acts of an officer, do not involve the officer so as to require him to retire. If any business has taken place since the member spoke, it is too late to take notice of any disorderly words he used.

During debate, and while the chairman is speaking, or the assembly is engaged in voting, no member is permitted to disturb the assembly by whispering, or walking across the floor, or in any other way.

44. Closing Debate and Preventing Debate. When the debate appears to the chairman to be finished, he should inquire, “Are you ready for the question?” If, after a reasonable pause, no one rises to claim the floor, the chair assumes that no member wishes to speak and, standing, proceeds to put the question. Debate is not closed by the chairman’s rising and putting the question, as until both the affirmative and the negative are put, a member can rise and claim the floor, and reopen the debate or make a motion, provided he rises with reasonable promptness after the chair asks, “Are you ready for the question?” If the debate is resumed the question must be put again, both the affirmative and the negative. Should this privilege be abused by members not responding to the inquiry, “Are you ready for the question?” and intentionally waiting until the affirmative vote has been taken and then rising and reopening the debate, the chair should act as in case of dilatory motions [40], or any other attempt to obstruct business, and protect the assembly from annoyance. When a vote is taken a second time, as when a division is called for, debate cannot be resumed except by general consent.

If two-thirds of the assembly wish to close the debate without allowing all the time desired by others, they can do so by ordering either the previous question or the closing of the debate at a certain time; or they can limit the length of the speeches and allow each member to speak only once on each question, as fully explained in 29 and 30. These motions require a two-thirds39 vote, as they suspend the fundamental right of every member of a deliberative assembly to have every question fully discussed before it is finally disposed of. A majority vote may lay the question on the table and thus temporarily suspend the debate, but it can be resumed by taking the question from the table by a majority vote when no question is before the assembly [35], at a time when business of this class, or unfinished business, or new business, is in order. If it is desired to prevent any discussion of a subject, even by its introducer, the only way to do it is to object to the consideration of the question [23] before it is debated, or any subsidiary motion is stated. If the objection is sustained by a two-thirds vote, the question is thrown out for that session.

45. Principles of Debate and Undebatable Motions. All main motions are debatable, and debate is allowed or prohibited on other motions in accordance with the following principles:

(a) High privilege is, as a rule, incompatible with the right of debate of the privileged motion: and, therefore, all highly privileged motions are undebatable, except those relating to the privileges of the assembly or a member. Questions of privilege [19] rarely arise, but when they do, they are likely to be so important that they must be allowed to interrupt business, and yet they cannot generally be acted upon intelligently without debate, and, therefore, they are debatable. The same is true of appeals from the decision of the chair which are debatable, unless they relate to indecorum, or to transgression of the rules of speaking, or to priority of business, or are made while an undebatable question is pending; in which cases there is not sufficient need of debate to justify making them an exception to the rule, and therefore an appeal under any of these circumstances is undebatable.

(b) Motions that have the effect of suspending a rule are not debatable. Consequently motions to suppress, or to limit, or to extend the limits of, debate are undebatable, as they suspend the ordinary rules of debate.

(c) Appeals made after the previous question has been ordered are undebatable, as it would be manifestly improper to permit debate on them when the assembly by a two-thirds vote has closed debate on the pending question. So any order limiting debate on the pending question applies to questions arising while the order is in force.

(d) To Amend, or to Reconsider, an undebatable question is undebatable, whereas to amend, or to reconsider, a debatable question is debatable.

(e) A Subsidiary Motion [12] is debatable to just the extent that it interferes with the right of the assembly to take up the original question at its pleasure. Illustrations: To “Postpone Indefinitely” a question places it out of the power of the assembly to again take it up during that session, except by reconsideration, and consequently this motion allows of free debate, even involving the whole merits of the original question. To “Commit” a question only delays the discussion until the committee reports, when it is open to free debate, so it is only debatable as to the propriety of the commitment and as to the instructions, etc. To “Postpone to a Certain Time” prevents the consideration of the question till the specified time, except by a reconsideration or suspension of the rules, and therefore allows of limited debate upon the propriety of the postponement. To “Lay on the Table” leaves the question so that the assembly can consider it at any time that that question or that class of business is in order, and therefore to lay on the table should not be, and is not, debatable.

Because a motion is undebatable it does not follow that while it is pending the chair may not permit a question or an explanation. The distinction between debate and asking questions or making brief suggestions, should be kept clearly in mind, and when the latter will aid the assembly in transacting business, the chair should permit it before taking the vote on an undebatable question. He should, however, remain standing during the colloquy to show that he has the floor, and he should not allow any more delay in putting the question than he feels is helpful to the business.

The following lists of motions that open the main question to debate, and of those that are undebatable, are made in accordance with the above principles:

Motions That Open the Main Question to Debate.

Postpone Indefinitely 34

Reconsider a Debatable Question 36

Rescind 37

Ratify 39

Undebatable Motions.

Fix the Time to which to Adjourn (when a privileged question) 16

Adjourn (when unqualified in an assembly that has provided for future meetings) 17

Take a Recess (when privileged) 18

Call for the Orders of the Day, and questions relating to priority of business 20

Appeal when made while an undebatable question is pending, or when simply relating to indecorum, or transgression of the rules of speaking, or to priority of business 21

Suspension of the Rules 22

Objection to the Consideration of a Question 23

Incidental Motions, except an Appeal as shown above in this list under Appeal 13

Lay on the Table 28

Previous Question [29] and Motions to Close, Limit, or Extend the Limits of Debate 30

Amend an Undebatable Motion 33

Reconsider an Undebatable Motion 36

Art. VIII. Vote.

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46. Voting 188

47. Votes that are Null and Void even if Unanimous 201

48. Motions requiring more than a majority vote 202

46. Voting. If the question is undebatable, or debate has been closed by order of the assembly, the chair, immediately after stating the question, puts it to vote as described under Putting the Question [9], only allowing time for members to rise if they wish to make a motion of higher rank.

If the question is debatable and no one rises to claim the floor, after the question is stated by the chair, he should inquire, “Are you ready for the question?” After a moment’s pause, if no one rises, he should put the question to vote. If the question is debated or motions are made, the chair should wait until the debate has apparently ceased, when he should again inquire, “Are you ready for the question?” Having given ample time for any one to rise and claim the floor, and no one having done so, he should put the question to vote and announce the result.

The usual method of taking a vote is viva voce (by the voice). The rules require this method to be used in Congress. In small assemblies the vote is often taken by “show of hands,” or by “raising the right hand” as it is also called. The other methods of voting are by rising; by ballot; by roll call, or “yeas and nays,” as it is also called; by general consent; and by mail. In voting by any of the first three methods, the affirmative answer aye, or raise the right hand, or rise, as the case may be: then the negative answer no, or raise the right hand, or rise.

The responsibility of announcing, or declaring, the vote rests upon the chair, and he, therefore, has the right to have the vote taken again, by rising, if he is in doubt as to the result, and even to have the vote counted, if necessary. He cannot have the vote taken by ballot or by yeas and nays (roll call) unless it is required by the rules or by a vote of the assembly. But if the viva voce vote does not make him positive as to the result he may at once say, “Those in favor of the motion will rise;” and when they are seated he will continue, “Those opposed will rise.” If this does not enable him to determine the vote, he should say, “Those in favor of the motion [or, Those in the affirmative] will rise and stand until counted.” He then counts those standing, or directs the secretary to do so, and then says, “Be seated. Those opposed [or, Those in the negative] rise and stand until counted.” After both sides are counted the chair announces the result as shown below. In a very large assembly the chair may find it necessary to appoint tellers to count the vote and report to him the numbers. In small assemblies a show of hands may be substituted for a rising vote.

When the vote is taken by voice or show of hands any member has a right to require a division of the assembly [25] by having the affirmative rise and then the negative, so that all may see how members vote. Either before or after a decision any member may call for, or demand, a count, and, if seconded, the chair must put the question on ordering a count. In organizations where it is desired to allow less than a majority vote to order a count or tellers, a special rule should be adopted specifying the necessary vote. Where no rule has been adopted a majority vote is required to order a count, or that the vote be taken by ballot or by yeas and nays (roll call).

Announcing the Vote. When the vote has been taken so that the chair has no doubt as to the result, and no division is called for, or, if so, the assembly has divided, the chair proceeds to announce, or declare the vote thus: “The ayes have it and the resolution is adopted.” If he is not very positive, he may say, “The ayes seem to have it,” and, if no one says he doubts the vote or calls for a division, after a slight pause he adds, “The ayes have it,” etc. If the vote was by show of hands or by rising, it would be announced thus: “The affirmative has it (or, the motion is carried) and the question is laid on the table;” or if there was a count, the vote would be announced thus: “There are 95 votes in the affirmative, and 99 in the negative, so the amendment is lost, and the question is now on the resolution; are you ready for the question?” In announcing a vote the chair should state first whether the motion is carried or lost; second, what is the effect, or result, of the vote; and third, what is the immediately pending question or business, if there is any. If there is none, he should ask, “What is the further pleasure of the assembly?” One of the most prolific causes of confusion in deliberative assemblies is the neglect of the chair to keep the assembly well informed as to what is the pending business. The habit of announcing the vote by simply saying that the “motion is carried” and then sitting down, cannot be too strongly condemned. Many members may not know what is the effect of the vote, and it is the chair’s duty to inform the assembly what is the result of the motion’s being carried or lost, and what business comes next before the assembly.

When a quorum [64] is present, a majority vote, that is a majority of the votes cast, ignoring blanks, is sufficient for the adoption of any motion that is in order, except those mentioned in 48, which require a two-thirds vote. A plurality never adopts a motion nor elects any one to office, unless by virtue of a special rule previously adopted. On a tie vote the motion is lost, and the chair, if a member of the assembly, may vote to make it a tie unless the vote is by ballot. The chair cannot, however, vote twice, first to make a tie and then give the casting vote. In case of an appeal [21], though the question is, “Shall the decision of the chair stand as the judgment of the assembly?” a tie vote, even though his vote made it a tie, sustains the chair, upon the principle that the decision of the chair can be reversed only by a majority, including the chair if a member of the assembly.

It is a general rule that no one can vote on a question in which he has a direct personal or pecuniary interest. Yet this does not prevent a member from voting for himself for any office or other position, as voting for a delegate or for a member of a committee; nor from voting when other members are included with him in the motion, even though he has a personal or pecuniary interest in the result, as voting on charges preferred against more than one person at a time, or on a resolution to increase the salaries of all the members. If a member could in no case vote on a question affecting himself, it would be impossible for a society to vote to hold a banquet, or for a legislature to vote salaries to members, or for the majority to prevent a small minority from preferring charges against them and suspending or expelling them. By simply including the names of all the members, except those of their own faction, in a resolution preferring charges against them, the minority could get all the power in their own hands, were it not for the fact that in such a case all the members are entitled to vote regardless of their personal interest. A sense of delicacy usually prevents a member from exercising this right of voting in matters affecting himself except where his vote might affect the result. After charges are preferred against a member, and the assembly has ordered him to appear for trial, he is theoretically under arrest, and is deprived of all rights of membership and therefore cannot vote until his case is disposed of.

A member has the right to change his vote up to the time the vote is finally announced. After that, he can make the change only by permission of the assembly, which may be given by general consent; that is, by no member’s objecting when the chair inquires if any one objects. If objection is made, a motion may be made to grant the permission, which motion is undebatable.

While it is the duty of every member who has an opinion on the question to express it by his vote, yet he cannot be compelled to do so. He may prefer to abstain from voting, though he knows the effect is the same as if he voted on the prevailing side.

Voting by Ballot. The main object of this form of voting is secrecy, and it is resorted to when the question is of such a nature that some members might hesitate to vote publicly their true sentiments. Its special use is in the reception of members, elections, and trials of members and officers, as well as in the preliminary steps in both cases, and the by-laws should require the vote to be by ballot in such cases. Where the by-laws do not require the vote to be by ballot, it can be so ordered by a majority vote, or by general consent. Such motions are undebatable. Voting by ballot is rarely, if ever, used in legislative bodies, but in ordinary societies, especially secret ones, it is habitually used in connection with elections and trials, and sometimes for the selection of the next place for the meeting of a convention. As the usual object of the ballot is secrecy, where the by-laws require the vote to be taken by ballot any motion is out of order which members cannot oppose without exposing their views on the question to be decided by ballot. Thus, it is out of order to move that one person cast the ballot of the assembly for a certain person when the by-laws require the vote to be by ballot. So, when the ballot is not unanimous it is out of order to move to make the vote unanimous, unless the motion is voted on by ballot so as to allow members to vote against it in secrecy.

In some cases black balls and white ones and a ballot box are provided for voting, where the question can be answered yes or no. The white ball answers yes, and the black one no. But in ordinary deliberative assemblies the ballots are strips of paper upon which are printed, or written, yes or no, or the names of the candidates, as the case may be. These ballots are first distributed and are afterwards collected by tellers, either by being dropped into a hat or box by the members, who remain in their seats; or by the members coming to the ballot box and handing their folded ballot to a teller, who deposits it in the ballot box. In the latter case it is necessary for the tellers to see that no member votes twice, which in large societies can be best done by checking off the names from a list of members as the ballots are deposited. The ballots should usually be folded so that if more than one is voted by the same person the tellers will detect it in unfolding the ballot. In satisfying themselves that only one ballot is voted, the vote may be exposed if the ballot is not folded.

When every one appears to have voted, the chair inquires, “Have all voted who wish to?” and if there is no response he says, “The polls are closed,” whereupon the tellers proceed to count the ballots. If in unfolding the ballots it is found that two have been folded together, both are rejected as fraudulent. A blank piece of paper is not counted as a ballot and would not cause the rejection of the ballot with which it was folded. All blanks are ignored as simply waste paper, and are not reported, the members who do not wish to vote adopting this method of concealing the fact. Small technical errors, like the misspelling of a word, should not be noticed if the meaning of the ballot is clear. For instance, if at the trial of a member a ballot was written “gilty,” every one knows what was intended. In all cases where the name on the ballot sounds like the name of one of the candidates it should be so credited. If a ballot is written “Johnson,” or “Johnston,” or “Johnstone,” it should be credited to the candidate whose name is one of these: but if there are two candidates with these names and no eligible member with the name on the ballot, it must be rejected as illegal, or reported to the chair, who will at once submit the question to the assembly as to whom the ballot should be credited. If these doubtful ballots will not affect the result, the tellers may make their full report without asking for instructions in regard to them, placing these doubtful votes opposite the exact name as written on the ballot. Votes for ineligible persons and fraudulent votes should be reported under the heading of “Illegal Votes,” after the legal votes. When two or three filled-out ballots are folded together they are counted as one fraudulent vote. The names of the candidates should be arranged in order, the one receiving the highest number of legal votes being first. In reporting the number of votes cast and the number necessary for election, all votes except blanks must be counted. Suppose the tellers find 100 ballot papers, 4 of which are blank, 1 contains two filled-out ones folded together, and 50 are cast for a person who is ineligible because of having held the office as long as permitted by the constitution: the tellers’ report should be in this form:

Number of votes cast 96

Necessary for election 49

Mr. A received 37

Mr. B received 8

Illegal Votes.

Mr. C (ineligible) received 50

One ballot containing two for Mr. D, folded together, rejected as fraudulent 1

The teller first named, standing, addresses the chair, reads the report and hands it to the chairman, and takes his seat, without saying who is elected. The chairman again reads the report of the tellers and declares who is elected. In the case just given he says there is no election, stating the reason. If no one is elected, it is necessary to ballot again, and to continue balloting until there is an election. The chairman should always vote in case of a ballot. Should he fail to do so before the polls are closed, he cannot then do it without the permission of the assembly. When the tellers report, they should hand the ballots to the secretary, who should retain them until it is certain that the assembly will not order a recount, which is within its power to do by a majority vote.

Yeas and Nays,40 or Roll Call. When a vote has been ordered to be taken by yeas and nays [see 25 for the motion] the chair puts the question in a form similar to this: “As many as are in favor of the adoption of these resolutions will, as their names are called, answer yes [or yea]; those opposed will answer no [or nay].” The chairman then directs the clerk to call the roll. The negative being put at the same time as the affirmative, it is too late, after one person has answered to the roll call, to renew the debate. The clerk calls the roll, and each member, as his name is called, rises and answers “yes” or “no,” or “present” if he does not wish to vote, and the clerk notes the answers in separate columns. Upon the completion of the roll call the clerk reads the names of those who answered in the affirmative, and afterwards those in the negative, and then those who answered “present,” that mistakes may be corrected; he then gives the number voting on each side to the chairman, who announces the result. An entry must be made in the minutes of the names of all voting in the affirmative, and also of those in the negative, and those who answered “present.” A convenient method of noting the answers at the roll call is to write the figure 1 on the left of the name of the first member answering in the affirmative, the figure 2 to the left of the second name in the affirmative, and so on. The negative answers are treated similarly, being entered on the right of the names, and those answering “present” should be entered similarly in a third column. In this way the last figures on each side at any time show how the vote stands at that time. The yeas and nays cannot be ordered in committee of the whole.

General Consent. Business can be expedited greatly by avoiding the formality of motions and voting in routine business and on questions of little importance, the chair assuming general (unanimous) consent until some one objects. It does not necessarily mean that every member is in favor of the motion, but, that knowing it is useless to oppose it, or even to discuss it, the opposition simply acquiesces in the informality. Thus, in the case of approving the minutes, the chair inquires if there are any corrections, and, if one is suggested, it is made: when no correction [or no further correction] is suggested, the chair says: “There being no corrections [or no further corrections] the minutes stand approved.” While routine and minor matters can be rapidly disposed of in this way, if at any time objection is made with reasonable promptness, the chair ignores what has been done in that case even if he has announced the result, and requires a regular vote. [See also page 202.]

Absentee Voting. In a strictly deliberative assembly no member can vote who is not present when the question is completely put. But in many societies the membership is scattered all over a state, or even still wider, and it has been found expedient to provide a method of voting that will enable all the members to vote upon certain matters, as upon amendments to constitutions, by-laws, and in elections of officers. This provision, when it is deemed advisable to adopt it, should be placed in the constitution or by-laws, as otherwise, unless the charter or state laws authorize absentee voting, no member can vote except in person. There are two forms of absentee voting—by mail, and proxy voting.

Voting by Mail is used for election of officers, and for amendments to the constitution or by-laws, and for such other important matters as the society may order to be voted on in this way. If an amendment to the by-laws is to be voted on by mail, a printed copy of the proposed amendment is mailed to every member, with the words “yes” and “no” printed underneath, or on a separate slip, with directions to cross out one of them, and return in the enclosed envelope, upon which should be printed the words, “Ballot for Amendment to Constitution.” This envelope should usually have the signature of the voter on it, and be sealed and enclosed in another one addressed to the secretary, or to the chairman of the tellers, so that the inner envelope will not be opened except by the tellers when the votes are counted. If it is desired to present the arguments pro and con, the society can allow the leaders on the two sides to prepare brief statements to be printed and mailed with the proposed amendment to every member. Instead of having the voter’s signature on the inner envelope, it may be placed on the ballot, but a place for the signature should be indicated, so that there may be some means of protection against votes being cast by other than legal voters. Voting by mail cannot be a secret ballot, as it is necessary for the tellers to know by whom each vote is cast. By some such method as the above it is practicable to give all the members, however scattered they may be, an opportunity to vote on questions of great importance.

Proxy Voting. A proxy is a power of attorney given by one person to another to vote in his stead, and it is also used to designate the person who holds the power of attorney. It is unknown to a strictly deliberative assembly, and is in conflict with the idea of the equality of members, which is a fundamental principle of deliberative assemblies. There can be but little use for debate where one member has more votes than another, possibly more than all the others combined. If the proxy voting is limited to the election of a board of directors, as it is practically in stock corporations, and if, also, the proxies must be given to members of the corporation in all cases where it requires an election to become a member—with these two limitations proxy voting would be useful and do no harm. In stock companies the members meet only annually to elect directors, who elect the officers and transact the business of the corporation. Though the directors are elected largely by proxies, their own meetings, where all the business is done, are as secret as they choose to make them, no proxies being allowed in them, and therefore proxy voting does not interfere with their business. As any one can dispose of his stock to any one else, there is no objection to his appointing any one as his proxy. But the case is very different with many incorporated societies of a social, benevolent, or religious character, whose business meetings are sometimes secret. Their membership cannot be transferred by the members like stock, and therefore they should not be allowed to appoint any proxies who are not members of the organization. The state law is above the by-laws of the society, and if the state law empowers members of all corporations to appoint proxies to vote at all business meetings, no by-laws of an incorporated secret society could prevent non-members holding proxies from attending and voting at all business meetings of the society. This should not be the case. With stock corporations it does no harm, because all the business is done by directors, and no proxies are allowed in their meetings, and no one can be present without their consent. But in many societies of the kind mentioned the business is transacted in meetings attended by none but members, and unlimited proxies would be a serious interference with their work. If the state law requires proxy voting in all corporations, it should be limited to the election of officers, including directors, and also the proxies should be required to be held by members of the corporation in all organizations whose primary object is not pecuniary profit.

47. Votes that are Null and Void even if Unanimous. No motion is in order that conflicts with the laws of the nation, or state, or with the assembly’s constitution or by-laws, and if such a motion is adopted, even by a unanimous vote, it is null and void. No rule that conflicts with a rule of a higher order is of any authority; thus, a by-law providing for the suspension by general consent of an article of the constitution would be null and void; so, the general parliamentary rule allowing a two-thirds vote to amend the by-laws after due notice, is only in force when the by-laws are silent on the subject. Rules that protect absentees cannot be suspended informally by general consent, or formally by a unanimous vote, as the absentees have not given their consent. For instance, a rule requiring the giving of a specified notice of certain motions, as an amendment of the by-laws, cannot be suspended by general consent or by a unanimous vote. When a vote is required to be taken by ballot, the object is to enable members to conceal their votes, and any motion that defeats this object is out of order. Thus, when the rules require the vote to be by ballot, as is usual in elections to office or membership, this rule cannot be suspended even by general consent, because no one can object without exposing his vote, which he cannot be compelled to do. When the election must be by ballot, a motion to have the ballot cast by one person is out of order. So, when the rules require the vote to be by ballot, a motion to make unanimous a vote that was not unanimous, must be voted on by ballot, as otherwise the vote would not be secret.

48. Motions requiring more than a Majority Vote. Majority Vote. Any legitimate motion not included among those mentioned below as requiring more than a majority vote, requires for its adoption only a majority; that is, more than half of the votes cast, ignoring blanks, at a legal meeting where a quorum is present, unless a larger vote for its adoption is required by the rules of the assembly.

General Consent or Unanimous Vote. By general, or unanimous, or silent, consent the assembly can do business with little regard for the rules of procedure, as they are made for the protection of the minority, and when there is no minority to protect, there is little use for the restraint of the rules, except such as protect the rights of absent members, or the right to a secret vote. In the former case the consent of the absentees cannot be given, and in the latter case the consent cannot be withheld by the minority without exposing their votes, which they cannot be compelled to do. When the election is not by ballot and there are several candidates one of whom receives a majority vote, sometimes a motion is made to make the vote unanimous. It should never be made except by the candidate with the largest number of votes after the successful one, or his representative, and even then its propriety is doubtful. One negative vote defeats a motion to make a vote unanimous, as a single objection defeats a request for general consent.

By the legitimate use of the principle that the rules are designed for the protection of the minority, and generally need not be strictly enforced when there is no minority to protect, business may be greatly expedited. When there is evidently no opposition, the formality of voting can be avoided by the chair’s asking if there is any objection to the proposed action, and if there is none, announcing the result. The action thus taken is said to be done by general consent, or unanimous or silent consent. Thus, after an order has been adopted limiting the speeches to two minutes each, if a speaker is so interesting that when his time has expired there is a general demand for him to go on, the chair, instead of waiting for a motion and taking a vote, could accept it as the will of the assembly that the speaker’s time be extended, and would direct him to proceed. Or, he might say that if there is no objection the member’s time will be extended two minutes, or some other time. [See also page 198.]

Two-thirds Vote. A two-thirds vote means two-thirds of the votes cast, ignoring blanks which should never be counted. This must not be confused with a vote of two-thirds of the members present, or two-thirds of the members, terms sometimes used in by-laws. To illustrate the difference: Suppose 14 members vote on a question in a meeting of a society where 20 are present out of a total membership of 70, a two-thirds vote would be 10; a two-thirds vote of the members present would be 14; and a vote of two-thirds of the members would be 47.

There has been established as a compromise between the rights of the individual and the rights of the assembly the principle that a two-thirds vote is required to adopt any motion that suspends or modifies a rule of order previously adopted; or prevents the introduction of a question for consideration; or closes, or limits, or extends the limits of debate; or limits the freedom of nomination or voting; or closes nominations or the polls; or deprives one of membership or office. It will be found that every motion in the following list belongs to one of the classes just mentioned.

Motions Requiring a Two-thirds Vote.41

Amend (Annul, Repeal, or Rescind) any part of the Constitution, By-laws, or Rules of Order, previously adopted; it also requires previous notice 68

Amend or Rescind a Standing Rule, a Program or Order of Business, or a Resolution, previously adopted, without notice being given at a previous meeting or in the call for the meeting 37

Take up a Question out of its Proper Order 22

Suspend the Rules 22

Make a Special Order 20

Discharge an Order of the Day before it is pending 20

Refuse to Proceed to the Orders of the Day 20

Sustain an Objection to the Consideration of a Question 23

Previous Question 29

Limit, or Extend the Limits, of Debate 30

Extend the Time Appointed for Adjournment or for Taking a Recess 20

Close Nominations [26] or the Polls 25

Limit the Names to be Voted for

Expel from Membership: it also requires previous notice and trial 75

Depose from Office: it also requires previous notice

Discharge a Committee when previous notice has not been given 32

Reconsider in Committee when a member of the majority is absent and has not been notified of the proposed reconsideration 36

Art. IX. Committees and Boards.

PAGE

49. Committees Classified 206

50. Boards of Managers, etc., and Executive Committees 207

51. Ex-Officio Members of Boards and Committees 210

52. Committees, Special and Standing 211

53. Reception of Reports 220

54. Adoption or Acceptance of Reports 223

55. Committee of the Whole 229

56. As if in Committee of the Whole 233

57. Informal Consideration 234

49. Committees Classified. A Committee is a body of one or more persons appointed or elected by an assembly or society to consider, or investigate, or take action in regard to, certain matters or subjects; or to do all of these things. Committees may be divided into two distinct classes:

(1) Boards of Managers or Directors, Boards of Trustees, Executive Committees, etc.

(2) Ordinary Committees, Special or Standing, and Committee of the Whole and its substitutes.

These different kinds of committees are considered separately in the following five sections.

50. Boards of Managers or Directors, Boards of Trustees, Executive Committees, etc. Committees of this class are essentially small deliberative assemblies, subordinate to the body that appoints them, with their duties and authority, and the number of their regular meetings and their quorums, defined by the parent body, or by its authority. Boards or Committees of this class are usually appointed by organizations that meet only annually or quarterly. With such an organization it is customary and necessary to delegate to a committee, usually known as the Board of Managers or Directors, all its authority, with slight limitations, to be exercised between its meetings. The by-laws of the Board are adopted by the parent body, or the Board may be authorized to adopt its own by-laws. It is usual to authorize the Board to appoint from its membership an Executive Committee of a specified number who shall have all the power of the Board between the meetings of the Board, just as the Board has all the power of the Society between the meetings of the Society, except that the subordinate body cannot modify any action taken by its superior. The Executive Committee should be small and the members should live near enough each other to be able to have frequent regular meetings, besides special meetings in emergencies. Where the organization is local, such as a society for sustaining an orphan asylum, the Board of Managers usually divides itself into committees having charge of different branches of the work during the intervals between the monthly or quarterly meetings of the Board, when these committees report on the work done. It is seldom that resolutions or other matters are referred to boards or committees of this class for them to report back to the society with recommendations. If papers are referred to them it is usually for their information and action. They are organized as any other deliberative assembly with a chairman and a secretary, whom they elect if they are not appointed by the society. Frequently the by-laws of the society make its president and its corresponding, or executive secretary, ex-officio, [51] president and secretary of the Board of Managers.

In large boards business is transacted the same as in the society meetings; but in small boards the same formality is not necessary or usual, the informality observed by committees being generally allowed. In a board meeting where there are not more than about a dozen present, for instance, it is not necessary to rise in order to make a motion, nor to wait for recognition by the chair before speaking or making a motion, nor for a motion to have a second; nor is there any limit to the number of speeches, nor does the chairman leave the chair when making a motion or discussing a question. The formalities necessary in order to transact business in a large assembly would hinder business in so small a body.

Boards are often constituted so that the term of office of, say, one-third of its members expires each year. After each annual meeting in such case, the board elects new officers and committees, the same as if the entire board had been re-elected. All unfinished business falls to the ground when the new board is elected.

It is customary for the by-laws to require an annual report from the Board of Managers, which usually gives a brief account of its doings for the year with recommendations for the future. After discussion, and amendment if necessary, the report is usually adopted by the society and published in its annual proceedings as the report of the board. In such a case, care should be taken in publishing it to inclose in brackets all that has been struck out, and to put in italics whatever has been inserted, and to insert a note to that effect at the beginning of the report, so that exactly what the board recommended can readily be seen. The minutes should read thus: “The Board of Managers submitted its report which after discussion and amendment was adopted as follows, the words in brackets having been struck out and those underscored (in italics) having been inserted before the report was adopted.” The society cannot alter the report of the board. It may decline to indorse it, or even to allow it to be printed, but it cannot make it appear that the board stated anything different from what it has reported. By the above plan is shown exactly what the board reported and what the society adopted, or endorsed.

51. Ex-Officio Members of Boards and Committees. Frequently boards and committees contain some members who are members by virtue of their office, and, therefore, are termed ex-officio members. When such a member ceases to hold the office his membership of the board terminates automatically. If the ex-officio member is under the control of the society, there is no distinction between him and the other members except where the president is ex-officio member of all committees, in which case it is evidently the intention to permit, not to require, him to act as a member of the various committees, and therefore in counting a quorum he should not be counted as a member. The president is not a member of any committee except by virtue of a special rule, unless he is so appointed by the assembly. If the ex-officio member is not under the authority of the society, he has all the privileges, including the right to vote, but none of the obligations of membership; as when the governor of a state is, ex-officio, a manager or a trustee of a private academy.

52. Committees, Special and Standing. It is usual in deliberative assemblies, to have all preliminary work in the preparation of matter for their action done by means of committees. The committee may be either a “standing committee,” appointed for a definite time, as a session or a year; or a “special [or select] committee,” appointed for a special purpose; or a “committee of the whole” consisting of the entire assembly. [For method of appointing committees of the whole, see 55; other committees, see Commit, 32.] Committees of the whole are not used much except in legislative bodies, and when the word committees is used in this Manual, unless specified to the contrary, standing or special committees are meant. Unless the assembly has appointed a chairman, either directly or through its presiding officer, the first named on a committee, and in his absence the next named member, becomes chairman, and so on and should act as such unless the committee by a majority of its number elects a chairman, which it has the right to do if the assembly has not appointed one, and which a standing committee usually does. The clerk should furnish him, or, in his absence, some other member of the committee, with notice of the appointment of the committee, the names of the members, the papers or matter referred to it, and such instructions as the assembly has decided upon. Upon the committee’s request, all papers and books necessary for the proper performance of its duties should be turned over to it by the proper officers.

It is the duty of the chairman to call the committee together, but, if he is absent, or neglects or declines to call a meeting of the committee, it is the duty of the committee to meet on the call of any two of its members. In small special committees the chairman usually acts as secretary, but in large ones and in all standing committees, it is customary to elect a secretary, who keeps a brief memorandum of what is done, for the use of the committee. Members of the society have a right to appear at the committee meetings and present their views on the subject before it at such reasonable times as, upon request, the committee may appoint. But during the deliberations of the committee no one has a right to be present, except members of the committee.

The rules of the assembly, as far as possible, apply to the committee, but motions to close or limit debate are not allowed, and there is no limit to the number of times a member may speak, and unless the committee is very large, it is not necessary for any one to rise and address the chair before making a motion or speaking, nor does the chairman rise to put the question, nor does he leave the chair to speak or make motions, nor are motions seconded. These formalities are unnecessary because the committee is so small, but, unless agreed to by general consent, all questions must be put to vote. Instead of the chairman’s abstaining from speaking on questions, he is, usually, the most active participant in the discussions and work of the committee. In order that the assembly may have the benefit of the matured judgment of the committee, a reconsideration of a vote must be allowed regardless of the time and of previous reconsideration, and it may be moved by any one who did not vote with the minority, even if he was absent when the previous vote was taken; but it shall require a two-thirds vote for its adoption unless every member who voted with the majority is either present or received ample notice of the meeting and that the reconsideration was to be moved. This prevents taking advantage of the absence of members to reverse action, and enables members who were absent to bring up the question of reconsideration.

The committee constitute a miniature assembly, being able to act only when a quorum (a majority of the members) is present. If a paper is referred to them, they must not write on it, but should write their amendments on a separate sheet. If the amendments are numerous it is better to write out a substitute and submit it. If a resolution is referred to a committee while a motion to postpone indefinitely is pending, only the resolution is referred to the committee, the motion to postpone indefinitely being ignored. If amendments are pending they go to the committee, who may recommend their adoption or rejection, or make no recommendation in regard to them. If the committee originate the paper, all amendments must be incorporated in it. When they originate it, usually one member has previously prepared a draft, which is read entirely through, and then read by paragraphs, the chairman pausing after each paragraph, and asking: “Are there any amendments proposed to this paragraph?” No vote is taken on the adoption of the separate paragraphs; but, after the whole paper has been read in this way, it is open to amendment generally, by striking out any paragraph, or by substituting or inserting new ones, or by substituting an entirely new paper for it. If there is a preamble it is considered last. When the entire paper has been amended to suit the committee, they should adopt it as their report, and direct the chairman or some other member to report it to the assembly. When committees are appointed to investigate, or to report upon, certain matters, the report should close with, or be accompanied by, formal resolutions covering all recommendations, so that when their report is made no motion is necessary except to adopt the resolutions.

If the report is written in this form, “Your committee are of the opinion that Mr. A’s bill should be paid,” there might be some doubt as to the effect of the adoption of the recommendation or the report. The report should close with a recommendation that the following order be adopted: “Ordered, That the Treasurer pay Mr. A’s bill for $10.15.” If a report recommends that charges be preferred against Mr. B, it should close with recommending the adoption of resolutions, which should be written out, providing for holding an adjourned meeting, and for citing the member to appear at the adjourned meeting for trial on charges that must be specified. These should be prepared by the committee and submitted as a part of their report. The committee should never leave to others the responsibility of preparing resolutions to carry out their recommendations. They should consider this as one of their most important duties.

When the report has been adopted by the committee a clear copy is made, usually commencing in a style similar to this: “The committee to whom was referred (state the matter referred), beg leave to submit the following report;” or, “Your committee appointed to (specify the object), respectfully report,” etc. If the report is of much importance it should be signed by all the members concurring in the report; but when it is of little importance, or merely recommends amendments, etc., it may be signed by the chairman alone, his signature being followed by the word “Chairman.” He should not, however, place “Chairman” after his signature except when he signs the report alone and by the authority of the committee. The report must always be in the third person though written and signed by only one. The signature may be preceded by the words, “Respectfully submitted,” but it is not necessary. Usually the report is not dated or addressed, and sometimes it consists merely of a resolution, or a set of resolutions. In the latter case the chairman states he is instructed by the committee to submit and to move the adoption of the resolutions. The report of the majority is the report of the committee and should never be referred to as the majority report.

If the minority submit a report, (or more properly, their “views,”) it may commence thus: “The undersigned, a minority of the committee appointed, etc., not agreeing with the majority, desire to express their views in the case.” After the committee’s report has been read and the motion to adopt has been made and the question stated, it is usual to allow the minority to present their views, but if any one objects to its reception the chair should put the question to vote on its being received. It requires a majority vote to receive it, the question being undebatable. When the minority report is read it is for information, and it cannot be acted upon except by a motion to substitute it for the report of the committee. Whether the views of the minority are read or not, any one can move to substitute the resolutions they recommend for those recommended by the committee. Where the minority cannot agree, each member may submit his views separately. In some cases a member agrees to the report with a single exception, in which case instead of submitting his views separately, after all have signed who agree to the report he may write that he agrees to the report except the part which he specifies, and then sign the statement.

The committee’s report42 can contain only that which has been agreed to by a majority vote at a meeting of which every member has been notified, or at an adjourned meeting thereof (a quorum, a majority of the members, being present), except where it is impracticable to have a meeting of the committee, when it may contain what is agreed to by every member. If a committee is appointed from different sections of the country with the expectation that its work will be done by correspondence, its report can contain only what is agreed to by a majority of the members.

A committee, except a committee of the whole, can appoint a sub-committee which, however, reports to the committee, and never to the assembly. This sub-committee must consist of members of the committee, except in cases where the committee is appointed to take action that requires the assistance of others, as to make arrangements for holding a bazaar. In such a case it is best to appoint the committee with power to appoint such sub-committees as are required; or, as is frequently done, to appoint the committee “with power,” which means with power to take all the steps necessary to carry out its instructions. A committee has no power to punish its members for disorderly conduct, its recourse being to report the facts to the assembly. No allusion can be made in the assembly to what has occurred during the deliberations of the committee, unless it is by a report of the committee or by general consent. When a special committee is through with the business assigned it, a motion is made for the committee to “rise” (which is equivalent to the motion to adjourn without day), and that the chairman (or some member who is more familiar with the subject) make its report to the assembly. A special committee ceases to exist as soon as the assembly receives its report. When a committee adjourns without appointing a time for the next meeting, it is considered as having adjourned at the call of the chair, so that all the meetings of a special committee constitute one session. A meeting of a special committee may be called at any time by the chairman or by any two of its members, every member being notified. When a committee adjourns to meet at another time, it is not necessary (though usually advisable) that absent members should be notified of the adjourned meeting.

A standing committee is either wholly, or partially, elected at each annual meeting in ordinary societies, and immediately thereafter it reorganizes by electing a chairman (unless he has been appointed by the assembly) and a secretary. Therefore, a standing committee must report at the annual meeting, or before, on everything referred to it during the year. The motion to rise is never used in standing committees or boards, nor is it used in other committees except when the committee is ready to report so that it will never meet again. A special committee is appointed for a specific purpose, and until the duty assigned it by the society is accomplished it continues to exist, unless sooner discharged, which requires a two-thirds vote if done without notice being given. The fact that an annual meeting has intervened does not discharge a special committee appointed by a society. But in an elected or appointed body, as a convention, special committees that have not reported cease to exist when the new officers assume their duties at the next annual meeting. When discharged, the chairman of the committee returns to the secretary all documents received from him.

While in small assemblies, especially in those where but little business is done, there is not much need of committees, in large assemblies, or in those doing a great deal of business, committees are of the utmost importance. When a committee is properly selected, in nine cases out of ten its action decides that of the assembly. A committee for action should be small, and consist only of those heartily in favor of the proposed action. If one not in sympathy with it is appointed, he should ask to be excused. A committee for deliberation or investigation, on the contrary, should be large, and represent all parties in the assembly, so that its opinion will carry with it as great weight as possible. The usefulness of the committee will be greatly impaired if any important faction of the assembly is unrepresented on the committee. The appointment of a committee is fully explained in 32.

53. Reception of Reports. When there is a place in the order of business provided for reports of committees, they are not made until they are called for by the chair. Upon the arrival of the time for these reports, the chair calls for the reports of such officers and standing committees as are required to make reports, in the order in which they are arranged in the rules; after which he calls for the reports of the special committees in the order of their appointment. When called upon, the reporting member (who is the chairman of the committee unless another member is appointed to make the report) rises and addresses the chair, and, when recognized, reads the report and hands it to the presiding officer, or the secretary, and, when necessary, moves its adoption or acceptance as explained in the next section. If the committee reports back a paper with amendments, the amendments are read with sufficient of the related parts to make them understood. If it is desired to have a report made earlier than the rules allow, it can be done, by a two-thirds vote, by suspending the rules [22] and receiving the report at once.

If the order of business makes no provision for the report of the committee, the reporting member, when ready to report, obtains the floor when no business is pending, and informs the assembly that the committee to which was referred such a subject or paper has agreed upon a report which he is now prepared to submit. If the chair thinks the assembly wishes to hear the report he directs him to proceed, whereupon he reads the report and hands it to the chairman and makes the proper motion for its disposal. If before it is read any one objects to its reception, or if the chair is in doubt as to whether it should be received now, he puts to the assembly the question, “Shall the report be received now?” It requires a majority vote to receive it, and the question is undebatable. If the vote is in the negative, a time for the reception of the report should be appointed either by a vote or by general consent. Usually no motions are made or votes taken in regard to receiving reports, these matters being all settled informally by general consent.

If the report is a final one, when the assembly has received the report the committee has completed its work, and, without any motion, it is automatically discharged from further consideration of the subject, and, if it is a special committee, it ceases to exist. If the report is only a partial one the committee is not discharged unless the assembly so votes. If the subject is recommitted the committee is revived (unless the reference is to another committee), and all parts of the report that have not been adopted by the assembly are ignored by the committee as if the report had never been made. If any member or members wish to submit the views of the minority it is customary to receive such a report immediately after receiving the report of the committee. In such case the reporting member should notify the assembly that the views of the minority will be submitted in a separate paper. As soon as the chair has stated the question on the report, he should call for the views of the minority, which are then read for information. They cannot be acted upon unless it is moved to substitute them for the committee’s report, or rather to substitute the recommendations of the minority for those of the committee.

A very common error is, after a report has been read, to move that it be received, whereas the fact that it has been read shows that it has been already received by the assembly. Another mistake, less common, but dangerous, is to vote that the report be accepted, which is equivalent to adopting it [see next section], when the intention is only to have the report up for consideration and afterwards to vote on its adoption.

54. Adoption or Acceptance of Reports. When the report of a committee has been received, that is, has been presented to the assembly and either read or handed to the chair or the secretary, the next business in order is the disposal of the report, the proper disposition depending upon its nature.

(1) If the report contains only a statement of fact or opinion for the information of the assembly, the reporting member makes no motion for its disposal, as there is no necessity for action on the report. But if any action is taken, the proper motion, which should be made by some one else, is to “accept the report,” which has the effect of endorsing the statement and making the assembly assume responsibility for it.

If it is a financial report, as in case of a board of trustees or a treasurer, it should be referred to an auditing committee, as the vote to accept the report does not endorse the accuracy of the figures, for the assembly can only be sure of that by having the report audited. Whenever such a financial report is made, the chair, without any motion, should say it is referred to the auditing committee or auditors, if there are any. If there are none, then the proper motion is to refer it to an auditing committee to be appointed by the chair. When the auditing committee reports, this report should be accepted, or adopted, which carries with it the endorsement of the financial report.

(2) If the report contains recommendations not in the form of motions, they should all be placed at the end of the report, even if they have been given separately before, and the proper motion is to adopt the recommendations.

(3) If the report concludes with a resolution or a series of resolutions, the proper course is for the reporting member to move that the resolution or resolutions be adopted or agreed to. This method should be adopted whenever practicable.

(4) If a committee reports back a resolution which was referred to it, the motion to postpone indefinitely, if it was pending, is ignored; if an amendment was pending it should be reported on. The form of the question to be stated by the chair depends upon the recommendation of the committee as follows: (a) If the committee recommends its adoption, or makes no recommendation (where it can come to no agreement), the question should be stated on the amendment if there was one pending, and then on the resolution. These motions were pending when the question was referred to the committee, and therefore should not be made again. (b) If the recommendation is that the resolution be not adopted, the question on the resolution, when it is put, should be stated thus: “The question is on the adoption of the resolution, the recommendation of the committee to the contrary notwithstanding.” A similar course is pursued if the committee recommends that an amendment be not adopted. (c) If the committee recommends that the resolution be postponed indefinitely, or postponed to a certain time, the question should be on the postponement, and, if that is lost, then on the resolution.