PART I.
Reading edition
RULES OF ORDER.
Art. I. How Business Is Conducted in Deliberative Assemblies.
PAGE
1. Introduction of Business 25
2. What Precedes Debate 26
3. Obtaining the Floor 27
4. Motions and Resolutions 33
5. Seconding Motions 36
6. Stating the Question 38
7. Debate 38
8. Secondary Motions 40
9. Putting the Question and Announcing the Vote 40
10. Proper Motions to Use to Accomplish Certain Objects 43
1. Introduction of Business. An assembly having been organized as described in 69, 70, 71, business is brought before it either by the motion of a member, or by the presentation of a communication to the assembly. It is not usual to make motions to receive reports of committees or communications to the assembly. There are many other cases in the ordinary routine of business where the formality of a motion is dispensed with, but should any member object, a regular motion becomes necessary, or the chair may put the question without waiting for a motion.
2. What Precedes Debate. Before any subject is open to debate it is necessary, first, that a motion be made by a member who has obtained the floor; second, that it be seconded (with certain exceptions); and third, that it be stated by the chair, that is, by the presiding officer. The fact that a motion has been made and seconded does not put it before the assembly, as the chair alone can do that. He must either rule it out of order, or state the question on it so that the assembly may know what is before it for consideration and action, that is, what is the immediately pending question. If several questions are pending, as a resolution and an amendment and a motion to postpone, the last one stated by the chair is the immediately pending question.
While no debate or other motion is in order after a motion is made, until it is stated or ruled out of order by the chair, yet members may suggest modifications of the motion, and the mover, without the consent of the seconder, has the right to make such modifications as he pleases, or even to withdraw his motion entirely before the chair states the question. After it is stated by the chair he can do neither without the consent of the assembly as shown in 27 (c). A little informal consultation before the question is stated often saves much time, but the chair must see that this privilege is not abused and allowed to run into debate. When the mover modifies his motion the one who seconded it has a right to withdraw his second.
3. Obtaining the Floor. Before a member can make a motion, or address the assembly in debate, it is necessary that he should obtain the floor—that is, he must rise after the floor has been yielded, and address the presiding officer by his official title, thus, “Mr. Chairman,” or “Mr. President,” or “Mr. Moderator;”4 or, if a woman (married or single), “Madam Chairman,” or “Madam President.” If the assembly is large so that the member’s name may be unknown to the chairman, the member should give his name as soon as he catches the eye of the chairman after addressing him. If the member is entitled to the floor, as shown hereafter, the chairman “recognizes” him, or assigns him the floor, by announcing his name. If the assembly is small and the members are known to each other, it is not necessary for the member to give his name after addressing the chair, as the presiding officer is termed, nor is it necessary for the chair to do more than bow in recognition of his having the floor. If a member rises before the floor has been yielded, or is standing at the time, he cannot obtain the floor provided any one else rises afterwards and addresses the chair. It is out of order to be standing when another has the floor, and the one guilty of this violation of the rules cannot claim he rose first, as he did not rise after the floor had been yielded.
Where two or more rise about the same time to claim the floor, all other things being equal, the member who rose first after the floor had been yielded, and addressed the chair is entitled to the floor. It frequently occurs, however, that where more than one person claims the floor about the same time, the interests of the assembly require the floor to be assigned to a claimant that was not the first to rise and address the chair. There are three classes of such cases that may arise: (1) When a debatable question is immediately pending; (2) when an undebatable question is immediately pending; (3) when no question is pending. In such cases the chair in assigning the floor should be guided by the following principles:
(1) When a Debatable Question is Immediately Pending. (a) The member upon whose motion the immediately pending debatable question was brought before the assembly is entitled to be recognized as having the floor (if he has not already spoken on the question) even though another has risen first and addressed the chair. The member thus entitled to preference in recognition in case of a committee’s report is the reporting member (the one who presents or submits the report); in case of a question taken from the table, it is the one who moved to take the question from the table; in case of the motion to reconsider, it is the one who moved to reconsider, and who is not necessarily the one who calls up the motion. (b) No member who has already had the floor in debate on the immediately pending question is again entitled to it for debate on the same question, provided the floor is claimed by one who has not spoken on that question. (c) As the interests of the assembly are best subserved by allowing the floor to alternate between the friends and enemies of a measure, the chairman, when he knows which side of a question is taken by each claimant of the floor, and these claims are not determined by the above principles, should give the preference to the one opposed to the last speaker.
(2) When an Undebatable Question Is Immediately Pending. When the immediately pending question is undebatable, its mover has no preference to the floor, which should be assigned in accordance with the principles laid down under (b) in paragraph below.
(3) When No Question Is Pending. (a) When one of a series of motions has been disposed of, and there is no question actually pending, the next of the series has the right of way, and the chair should recognize the member who introduced the series to make the next motion, even though another has risen first and addressed the chair. In fact no other main motion is in order until the assembly has disposed of the series. Thus, the motion to lay on the table, properly used, is designed to lay aside a question temporarily, in order to attend to some more urgent business, and, therefore, if a question is laid on the table, the one who moved to lay it on the table, if he immediately claims the floor, is entitled to it to introduce the urgent business even though another has risen first. So, when the rules are suspended to enable a motion to be made, the mover of the motion to suspend the rules is entitled to the floor to make the motion for which the rules were suspended, even though another rose first. When a member moves to reconsider a vote for the announced purpose of amending the motion, if the vote is reconsidered he must be recognized in preference to others in order to move his amendment. (b) If, when no question is pending and no series of motions has been started that has not been disposed of, a member rises to move to reconsider a vote, or to call up the motion to reconsider that had been previously made, or to take a question from the table when it is in order, he is entitled to the floor in preference to another that may have risen slightly before him to introduce a main motion, provided that when some one rises before him he, on rising, states the purpose for which he rises. If members, rising to make the above mentioned motions, come into competition they have the preference in the order in which these motions have just been given; first, to reconsider, and last, to take from the table. When a motion to appoint a committee for a certain purpose, or to refer a subject to a committee, has been adopted no new subject (except a privileged one) can be introduced until the assembly has decided all of the related questions as to the number of the committee, and as to how it shall be appointed, and as to any instructions to be given it. In this case the one who made the motion to appoint the committee or refer the subject to a committee has no preference in recognition. If he had wished to make the other motions he should have included them all in his first motion.
From the decision of the chair in assigning the floor any two members may appeal,5 one making the appeal and the other seconding it. Where the chair is in doubt as to who is entitled to the floor, he may allow the assembly to decide the question by a vote, the one having the largest vote being entitled to the floor.
If a member has risen to claim the floor, or has been assigned the floor, and calls for the question are made, or it is moved to adjourn, or to lay the question on the table, it is the duty of the chair to suppress the disorder and protect the member who is entitled to the floor. Except by general consent, a motion cannot be made by one who has not been recognized by the chair as having the floor. If it is made it should not be recognized by the chair if any one afterwards rises and claims the floor, thus showing that general consent has not been given.
In Order When Another Has the Floor. After a member has been assigned the floor he cannot be interrupted by a member or the chairman, except by (a) a motion to reconsider; (b) a point of order; (c) an objection to the consideration of the question; (d) a call for the orders of the day when they are not being conformed to; (e) a question of privilege; (f) a request or demand that the question be divided when it consists of more than one independent resolution on different subjects; or (g) a parliamentary inquiry or a request for information that requires immediate answer; and these cannot interrupt him after he has actually commenced speaking unless the urgency is so great as to justify it. The speaker (that is, the member entitled to the floor) does not lose his right to the floor by these interruptions, and the interrupting member does not obtain the floor thereby, and after they have been attended to, the chair assigns him the floor again. So, when a member submitting a report from a committee or offering a resolution, hands it to the secretary to be read, he does not thereby yield his right to the floor. When the reading is finished and the chair states the question, neither the secretary nor any one else can make a motion until the member submitting the report, or offering the resolution, has had a reasonable opportunity to claim the floor to which he is entitled, and has not availed himself of his privilege. If, when he submitted the report, he made no motion to accept or adopt the recommendations or resolutions, he should resume the floor as soon as the report is read, and make the proper motion to carry out the recommendations, after which he is entitled to the floor for debate as soon as the question is stated.
4. Motions and Resolutions. A motion is a proposal that the assembly take certain action, or that it express itself as holding certain views. It is made by a member’s obtaining the floor as already described and saying, “I move that” (which is equivalent to saying, “I propose that”), and then stating the action he proposes to have taken. Thus a member “moves” (proposes) that a resolution be adopted, or amended, or referred to a committee, or that a vote of thanks be extended, etc.; or “That it is the sense of this meeting (or assembly) that industrial training,” etc. Every resolution should be in writing, and the presiding officer has a right to require any main motion, amendment, or instructions to a committee to be in writing. When a main motion is of such importance or length as to be in writing it is usually written in the form of a resolution; that is, beginning with the words, “Resolved, That,” the word “Resolved” being underscored (printed in italics) and followed by a comma, and the word “That” beginning with a capital “T.” If the word “Resolved” were replaced by the words “I move,” the resolution would become a motion. A resolution is always a main motion. In some sections of the country the word “resolve” is frequently used instead of “resolution.” In assemblies with paid employees, instructions given to employees are called “orders” instead of “resolutions,” and the enacting word, “Ordered” is used instead of “Resolved.”
When a member wishes a resolution adopted, after having obtained the floor, he says, “I move the adoption of the following resolution,” or “I offer the following resolution,” which he reads and hands to the chair. If it is desired to give the reasons for the resolution, they are usually stated in a preamble, each clause of which constitutes a paragraph beginning with “Whereas.” The preamble is always amended last, as changes in the resolution may require changes in the preamble. In moving the adoption of a resolution the preamble is not usually referred to, as it is included in the resolution. But when the previous question is ordered on the resolution before the preamble has been considered for amendment, it does not apply to the preamble, which is then open to debate and amendment. The preamble should never contain a period, but each paragraph should close with a comma or semicolon, followed by “and,” except the last paragraph, which should close with the word “therefore,” or “therefore, be it.” A resolution should avoid periods where practicable. Usually, where periods are necessary, it is better to separate it into a series of resolutions, in which case the resolutions may be numbered, if preferred, by preceding them with the figures 1, 2, etc.; or it may retain the form of a single resolution with several paragraphs, each beginning with “That,” and these may be numbered, if preferred, by placing “First,” “Second,” etc., just before the word “That.” The following form will serve as a guide when it is desired to give the reasons for a resolution:
Whereas, We consider that suitable recreation is a necessary part of a rational educational system; and
Whereas, There is no public ground in this village where our school children can play; therefore,
Resolved, That it is the sense of this meeting that ample play grounds should be immediately provided for our school children.
Resolved, That a committee of five be appointed by the chair to present these resolutions to the village authorities and to urge upon them prompt action in the matter.
As a general rule no member can make two motions at a time except by general consent. But he may combine the motion to suspend the rules with the motion for whose adoption it was made; and the motion to reconsider a resolution and its amendments; and a member may offer a resolution and at the same time move to make it a special order for a specified time.
5. Seconding Motions. As a general rule, with the exceptions given below, every motion should be seconded. This is to prevent time being consumed in considering a question that only one person favors, and consequently little attention is paid to it in routine motions. Where the chair is certain the motion meets with general favor, and yet members are slow about seconding it, he may proceed without waiting for a second. Yet, any one may make a point of order that the motion has not been seconded, and then the chair is obliged to proceed formally and call for a second. The better way when a motion is not at once seconded, is for the chair to ask, “Is the motion seconded?” In a very large hall the chair should repeat the motion before calling for a second in order that all may hear. After a motion has been made no other motion is in order until the chair has stated the question on this motion, or has declared, after a reasonable opportunity has been given for a second, that the motion has not been seconded, or has ruled it out of order. Except in very small assemblies the chair cannot assume that members know what the motion is and that it has not been seconded, unless he states the facts.
A motion is seconded by a member’s saying, “I second the motion,” or “I second it,” which he does without obtaining the floor, and in small assemblies without rising. In large assemblies, and especially where non-members are scattered throughout the assembly, members should rise, and without waiting for recognition, say, “Mr. Chairman, I second the motion.”
Exceptions. The following do not require a second:6
Question of Privilege, to raise a 19
Questions of Order 21
Objection to the Consideration of a Question 23
Call for Orders of the Day 20
Call for Division of the Question (under certain circumstances) 24
Call for Division of the Assembly (in voting) 25
Call up Motion to Reconsider 36
Filling Blanks 33
Nominations 33
Leave to Withdraw a Motion 27
Inquiries of any kind 27
6. Stating the Question. When a motion has been made and seconded, it is the duty of the chair, unless he rules it out of order, immediately to state the question—that is, state the exact question that is before the assembly for its consideration and action. This he may do in various ways, depending somewhat on the nature of the question, as illustrated by the following examples: “It is moved and seconded that the following resolution be adopted [reading the resolution];” or “It is moved and seconded to adopt the following resolution;” “Mr. A offers the following resolution [read]: the question is on its adoption;” “It is moved and seconded to amend the resolution by striking out the word ‘very’ before the word ‘good’;” “The previous question has been demanded [or, moved and seconded] on the amendment;” “It is moved and seconded that the question be laid on the table;” “It is moved and seconded that we adjourn.” [Under each motion is shown the form of stating the question if there is any peculiarity in the form.] If the question is debatable or amendable, the chair should immediately ask, “Are you ready for the question?” If no one then rises he should put the question as described in 9. If the question cannot be debated or amended, he does not ask, “Are you ready for the question?” but immediately puts the question after stating it.
7. Debate. After a question has been stated by the chair, it is before the assembly for consideration and action. All resolutions, reports of committees, communications to the assembly, and all amendments proposed to them, and all other motions except the Undebatable Motions mentioned in 45, may be debated before final action is taken on them, unless by a two-thirds vote the assembly decides to dispose of them without debate. By a two-thirds vote is meant two-thirds of the votes cast, a quorum being present. In the debate each member has the right to speak twice on the same question on the same day (except on an appeal), but cannot make a second speech on the same question as long as any member who has not spoken on that question desires the floor. No one can speak longer than ten minutes at a time without permission of the assembly.
Debate must be limited to the merits of the immediately pending question—that is, the last question stated by the chair that is still pending; except that in a few cases the main question is also open to debate [45]. Speakers must address their remarks to the presiding officer, be courteous in their language and deportment, and avoid all personalities, never alluding to the officers or other members by name, where possible to avoid it, nor to the motives of members. [For further information on this subject see Debate, 42, and Decorum in Debate, 43.]
8. Secondary Motions. To assist in the proper disposal of the question various subsidiary [12] motions are used, such as to amend, to commit, etc., and for the time being the subsidiary motion replaces the resolution, or motion, and becomes the immediately pending question. While these are pending, a question incidental to the business may arise, as a question of order, and this incidental [13] question interrupts the business and, until disposed of, becomes the immediately pending question. And all of these may be superseded by certain motions, called privileged [14] motions, as to adjourn, of such supreme importance as to justify their interrupting all other questions. All of these motions that may be made while the original motion is pending are sometimes referred to as secondary motions. The proper use of many of these is shown in 10.
9. Putting the Question and Announcing the Vote.7 When the debate appears to have closed, the chair asks again, “Are you ready for the question?” If no one rises he proceeds to put the question—that is, to take the vote on the question, first calling for the affirmative and then for the negative vote. In putting the question the chair should make perfectly clear what the question is that the assembly is to decide. If the question is on the adoption of a resolution, unless it has been read very recently, it should be read again, the question being put in a way similar to this: “The question is on the adoption of the resolution [which the chair reads]; those in favor of the resolution say aye; those opposed say no. The ayes have it, and the resolution is adopted;” or, “The noes have it, and the resolution is lost.” Or, thus: “The question is on agreeing to the following resolution,” which the chair reads, and then he continues, “As many as are in favor of agreeing to the resolution say aye;” after the ayes have responded he continues, “As many as are opposed say no. The ayes have it,” etc. Or, “It is moved and seconded that an invitation be extended to Mr. Jones to address our club at its next meeting. Those in favor of the motion will rise; be seated; those opposed will rise. The affirmative has it and the motion is adopted [or carried].” Or, if the vote is by “show of hands,” the question is put and the vote announced in a form similar to this: “It has been moved and seconded to lay the resolution on the table. Those in favor of the motion will raise the right hand; those opposed will signify [or manifest] it in the same way [or manner]. The affirmative has it [or, The motion is adopted, or carried] and the resolution is laid on the table.” The vote should always be announced, as it is a necessary part of putting the question. The assembly is assumed not to know the result of the vote until announced by the chair, and the vote does not go into effect until announced. As soon as the result of the vote is announced the chair should state the next business in order, as in the following example of putting the question on an amendment: “The question is on amending the resolution by inserting the word ‘oak’ before the word ‘desk.’ Those in favor of the amendment say aye; those opposed say no. The ayes have it and the amendment is adopted. The question is now [or recurs] on the resolution as amended, which is as follows: [read the resolution as amended]. Are you ready for the question?” The chair should never neglect to state what is the business next in order after every vote is announced, nor to state the exact question before the assembly whenever a motion is made. Much confusion is avoided thereby. The vote should always be taken first by the voice (viva voce) or by show of hands (the latter method being often used in small assemblies), except in the case of motions requiring a two-thirds vote, when a rising vote should be taken at first. When a division is demanded a rising vote is taken. For further information on voting see 46. Under each motion is given the form of putting the question whenever the form is peculiar.
10. Proper Motions to Use to Accomplish Certain Objects. To enable any one to ascertain what motion to use in order to accomplish what is desired, the common motions are arranged in the table below according to the objects to be attained by their use. Immediately after the table is a brief statement of the differences between the motions placed under each object, and of the circumstances under which each should be used. They include all of the Subsidiary Motions [12], which are designed for properly disposing of a question pending before the assembly; and the three motions designed to again bring before the assembly a question that has been acted upon or laid aside temporarily; and the motion designed to bring before another meeting of the assembly a main question which has been voted on in an unusually small or unrepresentative meeting. Motions, as a general rule, require for their adoption only a majority vote—that is, a majority of the votes cast, a quorum being present; but motions to suppress or limit debate, or to prevent the consideration of a question, or, without notice to rescind action previously taken, require a two-thirds vote [48]. The figures and letters on the left in the list below correspond to similar figures and letters in the statement of differences further on. The figures to the right in the list refer to the sections where the motions are fully treated.
The Common Motions Classified According to Their Objects.
(1) To Modify or Amend.
(a) Amend 33
(b) Commit or Refer 32
(2) To Defer Action.
(a) Postpone to a Certain Time 31
(b) Make a Special Order (⅔ Vote) 20
(c) Lay on the Table 28
(3) To Suppress or Limit Debate (⅔ Vote).
(a) Previous Question (to close debate now) (⅔ Vote) 29
(b) Limit Debate (⅔ Vote) 30
(4) To Suppress the Question.
(a) Objection to Its Consideration (⅔ Vote) 23
(b) Previous Question and Reject Question 29
(c) Postpone Indefinitely 34
(d) Lay on the Table 28
(5) To Consider a Question a Second Time.
(a) Take from the Table 35
(b) Reconsider 36
(c) Rescind 37
(6) To Prevent Final Action on a Question in an Unusually Small or Unrepresentative Meeting.
(a) Reconsider and have Entered on the Minutes 36
(1) To Modify or Amend. (a) When a resolution or motion is not worded properly, or requires any modification to meet the approval of the assembly, if the changes required can be made in the assembly, the proper motion to make is to amend by “inserting,” or “adding,” or by “striking out,” or by “striking out and inserting,” or by “substituting” one or more paragraphs for those in the resolution. (b) But if much time will be required, or if the changes required are numerous, or if additional information is required to enable the assembly to act intelligently, then it is usually better to refer the question to a committee.
(2) To Defer Action. (a) If it is desired to put off the further consideration of a question to a certain hour, so that when that time arrives, as soon as the pending business is disposed of, it shall have the right of consideration over all questions except special orders and a reconsideration, then the proper motion to make is, to postpone to that certain time. This is also the proper motion to make if it is desired to defer action simply to another day. As the motion if adopted cannot interrupt the pending question when the appointed time arrives, nor can it suspend any rule, it requires only a majority vote for its adoption. A question postponed to a certain time cannot be taken up before the appointed time except by suspending the rules, which requires a two-thirds vote. (b) If it is desired to appoint for the consideration of a question a certain time when it may interrupt any pending question except one relating to adjournment or recess, or a question of privilege or a specified order that was made before it was, then the proper course is to move “that the question be made a special order for,” etc., specifying the day or hour. As this motion, if adopted, suspends all rules that interfere with the consideration of the question at the appointed time, it requires a two-thirds vote for its adoption. A special order cannot be considered before the appointed time except by suspending the rules, which requires a two-thirds vote. (c) If, however, it is desired to lay the question aside temporarily with the right to take it up at any moment when business of this class, or unfinished or new business, is in order and no other question is before the assembly, the proper motion to use is to lay the question on the table. When laid upon the table a majority vote may take it up at the same or the next session, as described in 35.
(3) To Suppress Debate. (a) If it is desired to close debate now and bring the assembly at once to a vote on the pending question, or questions, the proper course is to move, or demand, or call for, the previous question on the motions upon which it is desired to close debate. The motion, or demand, for the previous question should always specify the motions upon which it is desired to order the previous question. If no motions are specified, the previous question applies only to the immediately pending question. It requires a two-thirds vote for its adoption. After it has been adopted, privileged and incidental motions may be made, or the pending questions may be laid on the table, but no other subsidiary motion can be made nor is any debate allowed. If it is lost the debate is resumed. (b) If it is desired to limit the number or length of speeches, or the time allowed for debate, the proper course is to move that the speeches or debate be limited as desired, or that the debate be closed and the vote be taken at a specified time. These motions to limit or close debate require a two-thirds vote for their adoption, and are in order, like the previous question, when any debatable question is immediately pending.
(4) To Suppress the Question. A legitimate question cannot be suppressed in a deliberative assembly without free debate, except by a two-thirds vote. If two-thirds of the assembly are opposed to the consideration of the question then it can be suppressed by the following methods: (a) If it is desired to prevent any consideration of the question, the proper course to pursue is to object to its consideration before it has been discussed or any other motion stated, and, therefore, it may interrupt a member who has the floor before the debate has begun. It requires no second. On the question of consideration there must be a two-thirds negative vote to prevent the consideration. (b) After the question has been considered the proper way to immediately suppress it is to close debate by ordering the previous question, which requires a two-thirds vote, and then to vote down the question. (c) Another method of suppressing a question is to postpone it indefinitely (equivalent to rejecting it), which, however, being debatable and opening the main question to debate, is only of service in giving another opportunity to defeat the resolution should this one fail. For, if the motion to postpone indefinitely is adopted, the main question is dead for that session, and if it is lost, the main question is still pending and its enemies have another opportunity to kill it. When the motion to postpone indefinitely is pending and immediate action is desired, it is necessary to move the previous question as in case (b) above. (d) A fourth method frequently used for suppressing a question is to lay it on the table, though this is an unfair use of the motion, except in bodies like Congress where the majority must have the power to suppress any motion immediately, as otherwise they could not transact business. But in ordinary societies, where the pressure of business is not so great, it is better policy for the majority to be fair and courteous to the minority and use the proper motions for suppressing a question without allowing full debate, all of which require a two-thirds vote. Unless the enemies of a motion have a large majority, laying it on the table is not a safe way of suppressing it, because its friends, by watching their opportunity, may find themselves in a majority and take it from the table and adopt it, as shown in the next paragraph.
(5) To Consider a Question a Second Time. (a) When a question has not been voted on, but has been laid on the table, a majority may take it from the table and consider it at any time when no other question is before the assembly and when business of that class, or unfinished or new business, is in order during the same session; or at the next session in ordinary societies having regular meetings as often as quarterly. (b) If a motion has been adopted, or rejected, or postponed indefinitely, and afterwards one or more members have changed their views from the prevailing to the losing side, and it is thought that by further discussion the assembly may modify or reverse its action, the proper course is for one who voted with the prevailing side to move to reconsider the vote on the question. This can be done on the day the vote to be reconsidered is taken, or on the next succeeding day of the same session. (c) If a main motion, including questions of privilege and orders of the day, has been adopted or rejected or postponed indefinitely, and no one is both able and willing to move to reconsider the vote, the question can be brought up again during the same session only by moving to rescind the motion. To rescind may be moved by any member, but, if notice of it was not given at a previous meeting, it requires a two-thirds vote or a vote of a majority of the enrolled membership. At any future session, the resolution, or other main motion, may be rescinded in the same way if it had been adopted; or it may be introduced anew if it had been rejected or postponed indefinitely; provided the question cannot be reached by calling up the motion to reconsider which had been made at the previous session. A by-law, or anything else that requires a definite notice and vote for its amendment, requires the same notice and vote to rescind it.
(6) To Prevent Final Action on a Question in an Unusually Small or Unrepresentative Meeting. If an important main motion should be adopted, lost, or postponed indefinitely, at a small or unrepresentative meeting of the society when it was apparent that the action is in opposition to the views of the majority of the members, the proper course to pursue is for a member to vote with the prevailing side and then move to reconsider the vote and have it entered on the minutes. The motion to reconsider, in this form, can be made only on the day the vote was taken which it is proposed to reconsider, and the reconsideration cannot be called up on that day; thus an opportunity is given to notify absent members. The motion to reconsider is fully explained in 36.
Art. II. General Classification of Motions.
For convenience motions may be classified as follows:
Main or Principal Motions 11
Subsidiary Motions 12
Incidental Motions 13
Privileged Motions 14
11. A Main or Principal Motion is a motion made to bring before the assembly, for its consideration, any particular subject. It takes precedence of nothing—that is, it cannot be made when any other question is before the assembly; and it yields to all Privileged, Incidental, and Subsidiary Motions—that is, any of these motions can be made while a main motion is pending. Main motions are debatable, and subject to amendment, and can have any subsidiary [12] motions applied to them. When a main motion is laid on the table, or postponed to a certain time, it carries with it all pending subsidiary motions. If a main motion is referred to a committee it carries with it only the pending amendments. As a general rule, they require for their adoption only a majority vote—that is, a majority of the votes cast; but amendments to constitutions, by-laws, and rules of order already adopted, all of which are main motions, require a two-thirds vote for their adoption, unless the by-laws, etc., specify a different vote for their amendment; and the motion to rescind action previously taken requires a two-thirds vote, or a vote of a majority of the entire membership, unless previous notice of the motion has been given.
Main motions may be subdivided into Original Main Motions and Incidental Main Motions. Original Main Motions are those which bring before the assembly some new subject, generally in the form of a resolution, upon which action by the assembly is desired. Incidental Main Motions are those main motions that are incidental to, or relate to, the business of the assembly, or its past or future action, as, a committee’s report on a resolution referred to it. A motion to accept or adopt the report of a standing committee upon a subject not referred to it is an original main motion, but a motion to adopt a report on a subject referred to a committee is an incidental main motion. The introduction of an original main motion can be prevented by sustaining by a two-thirds vote an objection to its consideration [23], made just after the main motion is stated and before it is discussed. An objection to its consideration cannot be applied to an incidental main motion, but a two-thirds vote can immediately suppress it by ordering the previous question [29]. This is the only difference between the two classes of main motions. The following list contains some of the most common
Incidental Main Motions.
Accept or Adopt a Report upon a subject referred to a committee 54
Adjourn at, or to, a future time 17
Adjourn, if qualified in any way, or to adjourn when the effect is to dissolve the assembly with no provision for its reconvening 17
Appoint the Time and Place for the next meeting, if introduced when no business is pending 16
Amend the Constitution, By-laws, Standing Rules, or Resolutions, etc., already adopted 68
Ratify or Confirm action taken 39
Rescind or Repeal action taken 37
All of these motions are essentially main motions, and are treated as such, though they may appear otherwise.
Though a question of privilege is of high rank so far as interrupting a pending question is concerned, yet when the question has interrupted business and is pending, it is treated as a main motion so far as having incidental and subsidiary motions applied to it. So an order of the day, even though a special order, after it has been taken up is treated in the same way, as is also a question that has been reconsidered.
No motion is in order that conflicts with the constitution, by-laws, or standing rules or resolutions of the assembly, and if such a motion is adopted it is null and void. Before introducing such a motion it is necessary to amend the constitution or by-laws, or amend or rescind the conflicting standing rule or resolution. So, too, a motion is not in order that conflicts with a resolution previously adopted by the assembly at the same session, or that has been introduced and has not been finally disposed of. If it is not too late the proper course is to reconsider [36] the vote on the motion previously adopted, and then amend it so as to express the desired idea. If it cannot be reconsidered, then by a two-thirds vote the old resolution may be rescinded when the new one can be introduced, or by giving notice it may be rescinded by a majority vote at the next meeting. In ordinary societies, where the quorum is a small percentage of the membership, and the meetings are as frequent as quarterly, no resolution that conflicts with one adopted at a previous session should be entertained until the old one has been rescinded, which requires a two-thirds vote unless proper notice has been given. [See 37.]
12. Subsidiary Motions are such as are applied to other motions for the purpose of most appropriately disposing of them. By means of them the original motion may be modified, or action postponed, or it may be referred to a committee to investigate and report, etc. They may be applied to any main motion, and when made they supersede the main motion and must be decided before the main motion can be acted upon. None of them, except the motion to amend and those that close or limit or extend the limits of debate, can be applied to a subsidiary, incidental (except an appeal in certain cases), or privileged motion. Subsidiary motions, except to lay on the table, the previous question, and postpone indefinitely, may be amended. The motions affecting the limits of debate may be applied to any debatable question regardless of its privilege, and require a two-thirds vote for their adoption. All those of lower rank than those affecting the limits of debate are debatable, the rest are not. The motion to amend anything that has already been adopted, as by-laws or minutes, is not a subsidiary motion but is a main motion and can be laid on the table or have applied to it any other subsidiary motion without affecting the by-laws or minutes, because the latter are not pending.
In the following list the subsidiary motions are arranged in the order of their precedence, the first one having the highest rank. When one of them is the immediately pending question every motion above it is in order, and every one below it is out of order. They are as follows:
Subsidiary Motions.
Lay on the Table 28
The Previous Question 29
Limit or Extend Limits of Debate 30
Postpone Definitely, or to a Certain Time 31
Commit or Refer, or Recommit 32
Amend 33
Postpone Indefinitely 34
13. Incidental Motions are such as arise out of another question which is pending, and therefore take precedence of and must be decided before the question out of which they rise; or, they are incidental to a question that has just been pending and should be decided before any other business is taken up. They yield to privileged motions, and generally to the motion to lay on the table. They are undebatable, except an appeal under certain circumstances as shown in 21. They cannot be amended except where they relate to the division of a question, or to the method of considering a question, or to methods of voting, or to the time when nominations or the polls shall be closed. No subsidiary motion, except to amend, can be applied to any of them except a debatable appeal. Whenever it is stated that all incidental motions take precedence of a certain motion, the incidental motions referred to are only those that are legitimately incidental at the time they are made. Thus, incidental motions take precedence of subsidiary motions, but the incidental motion to object to the consideration of a question cannot be made while a subsidiary motion is pending, as the objection is only legitimate against an original main motion just after it is stated, before it has been debated or there has been any subsidiary motion stated. The following list comprises most of those that may arise:
Incidental Motions.
Questions of Order and Appeal 21
Suspension of the Rules 22
Objection to the Consideration of a Question 23
Division of a Question, and Consideration by Paragraph or Seriatim 24
Division of the Assembly, and Motions relating to Methods of Voting, or to Closing or to Reopening the Polls 25
Motions relating to Methods of Making, or to Closing or to Reopening Nominations 26
Requests growing out of Business Pending or that has just been pending; as, a Parliamentary Inquiry, a Request for Information, for Leave to Withdraw a Motion, to Read Papers, to be Excused from a Duty, or for any other Privilege 27
14. Privileged Motions are such as, while not relating to the pending question, are of so great importance as to require them to take precedence of all other questions, and, on account of this high privilege, they are undebatable. They cannot have any subsidiary motion applied to them, except the motions to fix the time to which to adjourn, and to take a recess, which may be amended. But after the assembly has actually taken up the orders of the day or a question of privilege, debate and amendment are permitted and the subsidiary motions may be applied the same as on any main motion. These motions are as follows, being arranged in order of precedence:
Privileged Motions.
Fix the Time to which to Adjourn (if made while another question is pending) 16
Adjourn (if unqualified and if it has not the effect to dissolve the assembly) 17
Take a Recess (if made when another question is pending) 18
Raise a Question of Privilege 19
Call for Orders of the Day 20
15. Some Main and Unclassified Motions. Two main motions (to rescind and to ratify) and several motions which cannot conveniently be classified as either Main, Subsidiary, Incidental, or Privileged, and which are in common use, are hereafter explained and their privileges and effects given. They are as follows:
Take from the Table 35
Reconsider 36
Rescind 37
Renewal of a Motion 38
Ratify 39
Dilatory, Absurd, or Frivolous Motions 40
Call of the House 41
Art. III. Privileged Motions.
See 14 for a list and the general characteristics of these motions.
16. To Fix the Time to which the Assembly shall Adjourn.8 This motion is privileged only when made while another question is pending and in an assembly that has made no provision for another meeting on the same or the next day. The time fixed cannot be beyond the time of the next meeting. If made in an assembly that already has provided for another meeting on the same or the next day, or if made in an assembly when no question is pending, this is a main motion and may be debated and amended and have applied to it the other subsidiary motions, like other main motions. Whenever the motion is referred to in these rules the privileged motion is meant, unless specified to the contrary.
This motion when privileged takes precedence of all others, and is in order even after it has been voted to adjourn, provided the chairman has not declared the assembly adjourned. It can be amended, and a vote on it can be reconsidered. When the assembly has no fixed place for its meetings, this motion should include the place as well as the time for the next meeting, and in this case the place is subject to amendment as well as the time. When the assembly meets at the time to which it adjourned, the meeting is a continuation of the previous session. Thus, if the Annual Meeting is adjourned to meet on another day, the adjourned meeting is a legal continuation of the Annual Meeting. [See 63.] The form of this motion is, “I move that when we adjourn, we adjourn (or stand adjourned) to 2 P.M. tomorrow.”
17. To Adjourn. The motion to adjourn (when unqualified) is always a privileged motion except when, for lack of provision for a future meeting, as in a mass meeting, or at the last meeting of a convention, its effect, if adopted, would be to dissolve the assembly permanently. In any organized society holding several regular meetings during the year, it is, when unqualified, always a privileged motion. When not privileged it is treated as any other main motion, being debatable and amendable, etc.
The privileged motion to adjourn takes precedence of all others, except the privileged motion “to fix the time to which to adjourn,” to which it yields. It is not debatable, nor can it be amended or have any other subsidiary [12] motion applied to it; nor can a vote on it be reconsidered. It may be withdrawn.
The motion to adjourn can be repeated if there has been any intervening business, though it is simply progress in debate. The assembly may decline to adjourn in order to hear one speech or to take one vote, and therefore it must have the privilege of renewing the motion to adjourn when there has been any progress in business or debate. But this high privilege is liable to abuse to the annoyance of the assembly, if the chair does not prevent it by refusing to entertain the motion when evidently made for obstructive purposes, as when the assembly has just voted it down, and nothing has occurred since to show the possibility of the assembly’s wishing to adjourn. [See Dilatory Motions, 40.]
The motion to adjourn, like every other motion, cannot be made except by a member who has the floor. When made by one who has not risen and addressed the chair and been recognized, it can be entertained only by general consent. It cannot be made when the assembly is engaged in voting, or verifying the vote, but is in order after the vote has been taken by ballot before it has been announced. In such case the ballot vote should be announced as soon as business is resumed. Where much time will be consumed in counting ballots the assembly may adjourn, having previously appointed a time for the next meeting, or, still better, may take a recess as explained in the next section. No appeal, or question of order, or inquiry, should be entertained after the motion to adjourn has been made, unless it is of such a nature that its decision is necessary before an adjournment, or unless the assembly refuses to adjourn, when it would be in order.
Before putting the motion to adjourn, the chair, in most organizations, should be sure that no important matters have been overlooked. If there are announcements to be made they should be attended to before taking the vote, or at least, before announcing it. If there is something requiring action before adjournment, the fact should be stated and the mover requested to withdraw his motion to adjourn. The fact that the motion to adjourn is undebatable does not prevent the assembly’s being informed of business requiring attention before adjournment. Members should not leave their seats until the chair has declared the assembly adjourned.
An adjournment sine die—that is, without day—closes the session and if there is no provision for convening the assembly again, of course the adjournment dissolves the assembly. But, if any provision has been made whereby another meeting may be held, its effect is simply to close the session. In an assembly, as a convention, which meets regularly only once during its life, but whose by-laws provide for calling special meetings, an adjournment sine die means only the ending of the regular session of the convention, which, however, may be reconvened as provided in the by-laws. If called to meet again the assembly meets as a body already organized.
When the motion to adjourn is qualified in any way, or when its effect is to dissolve the assembly without any provision being made for holding another meeting of the assembly, it loses its privilege and is a main motion, debatable and amendable and subject to having applied to it any of the subsidiary motions.
In committees where no provision has been made for future meetings, an adjournment is always at the call of the chair unless otherwise specified. When a special committee, or the committee of the whole, has completed the business referred to it, instead of adjourning, it rises and reports, which is equivalent to adjournment without day.
The Effect upon Unfinished Business of an adjournment, unless the assembly has adopted rules to the contrary, is as follows:
(a) When the adjournment does not close the session [63], the business interrupted by it is the first in order after the reading of the minutes at the next meeting, and is treated the same as if there had been no adjournment, an adjourned meeting being legally the continuation of the meeting of which it is an adjournment.
(b) When the adjournment closes a session9 in an assembly having regular sessions as often as quarterly, the unfinished business should be taken up, just where it was interrupted, at the next succeeding session previous to new business; provided that, in a body elected, either wholly or in part, for a definite time (as a board of directors one-third of whom are elected annually), unfinished business falls to the ground with the expiration of the term for which the board, or any part of it, was elected.
(c) When the adjournment closes a session in an assembly which does not meet as often as quarterly, or when the assembly is an elective body, and this session ends the term of a portion of the members, the adjournment puts an end to all business unfinished at the close of the session. The business may be introduced at the next session, the same as if it had never been before the assembly.
18. Take a Recess.10 This motion is practically a combination of the two preceding, to which it yields, taking precedence of all other motions. If made when other business is before the assembly, it is a privileged motion and is undebatable and can have no subsidiary motion applied to it except amend. It can be amended as to the length of the recess. It takes effect immediately. A motion to take a recess made when no business is before the assembly, or a motion to take a recess at a future time, has no privilege, and is treated as any other main motion. A recess is an intermission in the day’s proceedings, as for meals or for counting the ballots when much time is required; or in the case of meetings like conventions lasting for several days a recess is sometimes taken over an entire day. When a recess is provided for in the order of exercises, or program, the chair, when the time arrives, announces the fact and says the assembly stands adjourned, or in recess, to the specified hour. The assembly by a two-thirds vote can postpone the time for taking a recess, or adjournment. When the hour has arrived to which the recess was taken, the chairman calls the assembly to order and the business proceeds the same as if no recess had been taken. If the recess was taken after a vote had been taken and before it was announced, then the first business is the announcement of the vote. The intermissions in the proceedings of a day are termed recesses, whether the assembly voted to take a recess, or whether it simply adjourned having previously adopted a program or rule providing for the hours of meeting. When an assembly has frequent short regular meetings not lasting over a day, and an adjourned meeting is held on another day, the interval between the meetings is not referred to as a recess.
19. Questions of Privilege. Questions relating to the rights and privileges of the assembly, or to any of its members, take precedence of all other motions except the three preceding relating to adjournment and recess, to which they yield. If the question is one requiring immediate action it may interrupt a member’s speech; as, for example, when, from any cause, a report that is being read cannot be heard in a part of the hall. But if it is not of such urgency it should not interrupt a member after he has commenced his speech. Before a member has commenced speaking, even though he has been assigned the floor, it is in order for another member to raise a question of privilege. When a member rises for this purpose he should not wait to be recognized, but immediately on rising should say, “Mr. Chairman,”—and when he catches the chairman’s eye, should add, “I rise to a question of privilege affecting the assembly,” or “I rise to a question of personal privilege.” The chair directs him to state his question, and then decides whether it is one of privilege or not. From this decision any two members may appeal. The chair may decide it to be a question of privilege, but not of sufficient urgency to justify interrupting the speaker. In such a case the speaker should be allowed to continue, and, when he has finished, the chair should immediately assign the floor to the member who raised the question of privilege to make his motion if one is necessary. Whenever his motion is made and stated, it becomes the immediately pending question and is open to debate and amendment and the application of all the other subsidiary motions just as any main motion. Its high privilege extends only to giving it the right to consideration in preference to any other question except one relating to adjournment or recess, and, in cases of great urgency, the right to interrupt a member while speaking. It cannot interrupt voting or verifying a vote. As soon as the question of privilege is disposed of, the business is resumed exactly where it was interrupted; if a member had the floor at the time the question of privilege was raised, the chair assigns him the floor again.
Questions of privilege may relate to the privileges of the assembly or only of a member, the former having the precedence if the two come into competition. Questions of personal privilege must relate to one as a member of the assembly, or else relate to charges against his character which, if true, would incapacitate him for membership. Questions like the following relate to the privileges of the assembly: those relating to the organization of the assembly; or to the comfort of its members, as the heating, lighting, ventilation, etc., of the hall, and freedom from noise and other disturbance; or to the conduct of its officers or employees; or to the punishing of a member for disorderly conduct or other offence; or to the conduct of reporters for the press, or to the accuracy of published reports of proceedings.
Privileged questions include, besides questions of privilege, a call for the orders of the day and the privileged motions relating to adjournment and recess. This distinction between privileged questions and questions of privilege should be borne in mind.
20. Orders of the Day.11 A Call for the Orders of the Day (which, in an ordinary assembly, is a demand that the assembly conform to its program or order of business) can be made at any time when no other privileged [14] motion is pending and the order of business is being varied from, and only then. It requires no second, and is in order when another has the floor, even though it interrupts a speech, as a single member has a right to demand that the order of business be conformed to. It is out of order to call for the orders of the day when there is no variation from the order of business. Thus, the orders of the day cannot be called for when another question is pending, provided there are no special orders made for that time or an earlier time, as general orders cannot interrupt a question actually under consideration. The call must be simply for the orders of the day, and not for a specified one, as the latter has no privilege. When the time has arrived for which a special order has been made, a call for the orders of the day takes precedence of everything except the other privileged motions, namely, those relating to adjournment and recess, and questions of privilege, to which it yields. If there are no special orders a call for the orders of the day cannot interrupt a pending question; but, if made when no question is pending, it is in order even when another has the floor and has made a main motion, provided the chair has not stated the question. Until the time of actually taking up the general orders for consideration this call yields to a motion to reconsider, or to a calling up of a motion to reconsider, previously made. A call for the orders of the day cannot be debated or amended, or have any other subsidiary motion applied to it.
It is the duty of the chair to announce the business to come before the assembly in its proper order, and if he always performs this duty there will be no occasion for calling for the orders of the day. But there are occasions when the chair fails to notice that the time assigned for a special order has arrived, or he thinks that the assembly is so interested in the pending question that it does not wish yet to take up the special order assigned for that time, and therefore delays announcing it. In such a case, as already stated, any member has a right to call for the orders of the day, and thus compel the chair either to announce the order or else put the question, “Will the assembly proceed to the orders of the day?” To refuse to take up the orders at the appointed time is an interference with the order of business similar to suspending the rules and should require the same vote—namely, two-thirds. In other words, a two-thirds vote in the negative is necessary to prevent proceeding to the orders of the day. If the assembly refuses to proceed to the orders of the day the orders cannot be called for again until the pending business is disposed of.
When the orders of the day are announced, or when they are called for, if it is desired to prolong the discussion of the pending question, some one should move that the time for considering the pending question be extended a certain number of minutes. A two-thirds vote is required for the adoption of this motion as it changes the order of business or program. After the order has been announced and the question is actually pending, it is debatable and may be amended or have any other subsidiary motion applied to it the same as any other main motion. The orders of the day in a mass cannot be laid on the table or postponed, but when an order has been actually taken up it may, by a majority vote, be laid on the table, or postponed, or committed, so that, if there is no other order to interfere, the consideration of the question previously pending will be resumed. Whenever the orders of the day are disposed of, the consideration of the interrupted business is taken up at the point where it was interrupted by the call for the orders of the day. By suspending the rules by a two-thirds vote any question may be taken up out of its proper order.
Orders of the Day. When one or more subjects have been assigned to a particular day or hour (by postponing them to, or making them special orders for, that day or hour, or by adopting a program or order of business), they become the orders of the day for that day or hour, and they cannot be considered before that time, except by a two-thirds vote. They are divided into General Orders and Special Orders, the latter always taking precedence of the former.
A General Order is usually made by simply postponing a question to a certain day or hour, or after a certain event. It does not suspend any rule, and therefore cannot interrupt business. But after the appointed hour has arrived it has the preference, when no question is pending, over all other questions except special orders and reconsideration. It cannot be considered before the appointed time except by a reconsideration or by a two-thirds vote. When the order of business provides for orders of the day, questions simply postponed to a meeting, without specifying the hour, come up under that head. If no provision is made for orders of the day, then such postponed questions come up after the disposal of the business pending at the previous adjournment, and after the questions on the calendar that were not disposed of at the previous meeting.
An order of business that specifies the order in which, but not the time when, the business shall be transacted, together with the postponed questions constitutes the general orders. This order cannot be varied from except by general consent or by suspending the rules by a two-thirds vote. If all of this business is not disposed of before adjournment, it becomes “unfinished business,” and is treated as unfinished business, as explained in 17 under The Effect Upon Unfinished Business of an Adjournment.
As general orders cannot interrupt the consideration of a pending question, it follows that any general order made for an earlier hour, though made afterwards, by not being disposed of in time may interfere with the general order previously made. Therefore, general orders must take precedence among themselves in the order of the times to which they were postponed, regardless of when the general order was made. If several are appointed for the same time, then they take precedence in the order in which they were made. If several appointed for the same time were made at the same time, then they take precedence in the order in which they were arranged in the motion making the general order.
To Make a Special Order requires a two-thirds vote, because it suspends all rules that interfere with its consideration at the specified time, except those relating to motions for adjournment or recess, or to questions of privilege, or to special orders made before it was made. A pending question is made a special order for a future time by “Postponing it and making it a special order for that time.” [See Postpone to a Certain Time, 31, which should be read in connection with this section.] If the question is not pending, the motion to make it a special order for a certain time is a main motion, debatable, amendable, etc. The member desirous of making it a special order should obtain the floor when nothing is pending, and business of that class, or new business, is in order, and say, “I move that the following resolution be made the special order for [specifying the time],” and then reads the resolution and hands it to the chair. Or he may adopt this form: “I offer the following resolution, and move that it be made a special order for the next meeting.” Or, in case a committee has been appointed to submit a revision of the constitution, the following resolution may be adopted: “Resolved, That the revision of the constitution be made the special order for Thursday morning and thereafter until it is disposed of.” Another way of making special orders is by adopting a program, or order of business, in which is specified the hour for taking up each topic.
Program. It is customary to adopt a program, or order of business, in conventions in session for several days. Since the delegates and invited speakers come from a distance, it is very important that the program be strictly adhered to. No change can be made in it after its adoption by the assembly, except by a two-thirds vote. When the hour assigned to a certain topic arrives, the chair puts to vote any questions pending and announces the topic for the hour. This is done because, under such circumstances, the form of the program implies that the hour, or other time, assigned to each topic is all that can be allowed. But, if any one moves to lay the question on the table, or postpone it to a certain time, or refer it to a committee, the chair should recognize the motion and immediately put it to vote without debate. Should any one move to extend the time allotted the pending question, it should be decided instantly without debate, a two-thirds vote being necessary for the extension. It is seldom that an extension is desirable, as it is unfair to the next topic. When an invited speaker exceeds his time it is extremely discourteous to call for the orders of the day. The chair should have an understanding with invited speakers as to how he will indicate the expiration of their time. This can be done by tapping on a book or a bell. It is usually better to have it understood that the signal will be given one minute before the time expires, or longer if the speaker wishes it, so that he can properly close his address. At the expiration of the time the presiding officer should rise and attract the attention of the speaker and, if he still continues speaking, the chair should say that the time has expired, etc.
A series of special orders made by a single vote is treated the same as a program—that is, at the hour assigned to a particular subject it interrupts the question assigned to the previous hour. If it is desired to continue the discussion of the pending topic at another time, it can be laid on the table or postponed until after the close of the interrupting question, by a majority vote.
Special Orders made at different times for specified hours. When special orders that have been made at different times come into conflict, the one that was first made takes precedence of all special orders made afterwards, though the latter were made for an earlier hour. No special order can be made so as to interfere with one previously made. By reconsidering the vote making the first special order, they can be arranged in the order desired. Suppose, after a special order has been made for 3 P.M., one is made for 2 P.M., and still later one is made for 4 P.M.; if the 2 P.M. order is pending at 3 P.M., the order for 3 P.M., having been made first, interrupts it and continues, if not previously disposed of, beyond 4 P.M., regardless of the special order for that hour. When it, the 3 P.M. order, is disposed of, the special order for 2 P.M. is resumed even if it is after 4 o’clock, because the 2 P.M. order was made before the 4 P.M. order. The only exception to this rule is in the case of the hour fixed for recess or adjournment. When that hour arrives the chair announces it and declares the assembly adjourned, or in recess, even though there is a special order pending that was made before the hour for recess or adjournment was fixed. When the chair announces the hour, any one can move to postpone the time for adjournment, or to extend the time for considering the pending question a certain number of minutes. These motions are undebatable, and require a two-thirds vote.
Special Orders when only the day or meeting is specified. Often subjects are made special orders for a meeting without specifying an hour. If the order of business provides for orders of the day, they come up under that head, taking precedence of general orders. If there is no provision for orders of the day, they come up under unfinished business—that is, before new business. If there is no order of business, then they may be called up at any time after the minutes are disposed of.
The Special Order for a Meeting. Sometimes a subject is made the special order for a meeting, as for Tuesday morning in a convention, in which case it is announced by the chair as the pending business immediately after the disposal of the minutes. This particular form is used when it is desired to devote an entire meeting, or so much of it as is necessary, to considering a special subject, as the revision of the by-laws. This form of a special order should take precedence of the other forms of special orders. It is debatable and amendable.
Art. IV. Incidental Motions.
See 13 for a list and the general characteristics of these motions.
21. Questions of Order and Appeal. A Question of Order takes precedence of the pending question out of which it arises; is in order when another has the floor, even interrupting a speech or the reading of a report; does not require a second; cannot be amended or have any other subsidiary motion applied to it; yields to privileged motions and the motion to lay on the table; and must be decided by the presiding officer without debate, unless in doubtful cases he submits the question to the assembly for decision, in which case it is debatable whenever an appeal would be. Before rendering his decision he may request the advice of persons of experience, which advice or opinion should usually be given sitting to avoid the appearance of debate. If the chair is still in doubt, he may submit the question to the assembly for its decision in a manner similar to this: “Mr. A raises the point of order that the amendment just offered [state the amendment] is not germane to the resolution. The chair is in doubt, and submits the question to the assembly. The question is, ‘Is the amendment germane to the resolution?’” As no appeal can be taken from the decision of the assembly, this question is open to debate whenever an appeal would be, if the chair decided the question and an appeal were made from that decision. Therefore, it is debatable except when it relates to indecorum, or transgression of the rules of speaking, or to the priority of business, or when it is made during a division of the assembly, or while an undebatable question is pending. The question is put thus: “As many as are of opinion that the amendment is germane [or that the point is well taken] say aye; as many as are of a contrary opinion say no. The ayes have it, the amendment is in order, and the question is on its adoption.” If the negative vote is the larger it would be announced thus: “The noes have it, the amendment is out of order, and the question is on the adoption of the resolution.” Whenever the presiding officer decides a question of order, he has the right, without leaving his chair, to state the reasons for his decision, and any two members have the right to appeal from the decision, one making the appeal and the other seconding it.
It is the duty of the presiding officer to enforce the rules and orders of the assembly, without debate or delay. It is also the right of every member who notices the breach of a rule, to insist upon its enforcement. In such a case he rises from his seat and says, “Mr. Chairman, I rise to a point of order.” The speaker immediately takes his seat, and the chairman requests the member to state his point of order, which he does and resumes his seat. The chair decides the point, and then, if no appeal is taken and the member has not been guilty of any serious breach of decorum, the chair permits him to resume his speech. But, if his remarks are decided to be improper and any one objects, he cannot continue without a vote of the assembly to that effect. [See 43 for a full treatment of this subject of indecorum in debate]. The question of order must be raised at the time the breach of order occurs, so that after a motion has been discussed it is too late to raise the question as to whether it was in order, or for the chair to rule the motion out of order. The only exception is where the motion is in violation of the laws, or the constitution, by-laws, or standing rules of the organization, or of fundamental parliamentary principles, so that if adopted it would be null and void. In such cases it is never too late to raise a point of order against the motion. This is called raising a question, or point, of order, because the member in effect puts to the chair, whose duty it is to enforce order, the question as to whether there is not now a breach of order.
Instead of the method just described, it is usual, when it is simply a case of improper language used in debate, for the chair to call the speaker to order, or for a member to say, “I call the gentleman to order.” The chairman decides whether the speaker is in or out of order, and proceeds as before.
Appeal. An appeal may be made from any decision of the chair (except when another appeal is pending), but it can be made only at the time the ruling is made. It is in order while another member has the floor. If any debate or business has intervened it is too late to appeal. An answer to a parliamentary inquiry is not a decision, and therefore cannot be appealed from. While an appeal is pending a question of order may be raised, which the chair decides peremptorily, there being no appeal from this decision. But the question as to the correctness of the ruling can be brought up afterwards when no other business is pending. An appeal yields to privileged motions, and to the motion to lay on the table. The effect of subsidiary motions is as follows: An appeal cannot be amended. If the decision from which an appeal is taken is of such a nature that the reversal of the ruling would not in any way affect the consideration of, or action on, the main question, then the main question does not adhere to the appeal, and its consideration is resumed as soon as the appeal is laid on the table, postponed, etc. But if the ruling affects the consideration of, or action on, the main question, then the main question adheres to the appeal, and when the latter is laid on the table, or postponed, the main question goes with it. Thus, if the appeal is from the decision that a proposed amendment is out of order and the appeal is laid on the table, it would be absurd to come to final action on the main question and then afterwards reverse the decision of the chair and take up the amendment when there was no question to amend. The vote on an appeal may be reconsidered.
An appeal cannot be debated when it relates simply to indecorum, or to transgression of the rules of speaking, or to the priority of business, or if made during a division of the assembly, or while the immediately pending question is undebatable. When debatable, as it is in all other cases, no member is allowed to speak more than once except the presiding officer, who may at the close of the debate answer the arguments against the decision. Whether debatable or not, the chairman when stating the question on the appeal may, without leaving the chair, state the reasons for his decision.
When a member wishes to appeal from the decision of the chair he rises as soon as the decision is made, even though another has the floor, and without waiting to be recognized by the chair, says, “Mr. Chairman, I appeal from the decision of the chair.” If this appeal is seconded, the chair should state clearly the question at issue, and his reasons for the decision if he thinks it necessary, and then state the question thus: “The question is, ‘Shall the decision of the chair stand as the judgment of the assembly [or society, or club, etc.]?’” or, “Shall the decision of the chair be sustained?” To put the question he would say, “Those in the affirmative say aye,” and after the affirmative vote has been taken he would say, “Those in the negative say no. The ayes have it and the decision of the chair is sustained [or stands as the judgment of the assembly].” Or, “The noes have it and the decision of the chair is reversed.” In either case he immediately announces what is before the assembly as the result of the vote. If there is a tie vote the chair is sustained, and if the chair is a member of the assembly he may vote to make it a tie, on the principle that the decision of the chair stands until reversed by a majority, including the chairman if he is a member of the assembly. In stating the question, the word “assembly” should be replaced by “society,” or “club,” or “board,” etc., as the case may be. The announcement of a vote is not a decision of the chair. If a member doubts the correctness of the announcement he cannot appeal, but should call for a “Division” [25].
22. Suspension of the Rules.12 The motion to suspend the rules may be made at any time when no question is pending; or while a question is pending, provided it is for a purpose connected with that question. It yields to all the privileged motions (except a call for the orders of the day), to the motion to lay on the table, and to incidental motions arising out of itself. It is undebatable and cannot be amended or have any other subsidiary motion applied to it, nor can a vote on it be reconsidered, nor can a motion to suspend the rules for the same purpose be renewed at the same meeting except by unanimous consent, though it may be renewed after an adjournment, even if the next meeting is held the same day.
When the assembly wishes to do something that cannot be done without violating its own rules, and yet it is not in conflict with its constitution, or by-laws, or with the fundamental principles of parliamentary law, it “suspends the rules that interfere with” the proposed action. The object of the suspension must be specified, and nothing else can be done under the suspension. The rules that can be suspended are those relating to priority of business, or to business procedure, or to admission to the meetings, etc., and would usually be comprised under the heads of rules of order. Sometimes societies include in their by-laws some rules relating to the transaction of business without any intention, evidently, of giving these rules any greater stability than is possessed by other rules of their class, and they may be suspended the same as if they were called rules of order. A standing rule as defined in 67 may be suspended by a majority vote. But sometimes the term “standing rules” is applied to what are strictly rules of order, and then, like rules of order, they require a two-thirds vote for their suspension. Nothing that requires previous notice and a two-thirds vote for its amendment can be suspended by less than a two-thirds vote.
No rule can be suspended when the negative vote is as large as the minority protected by that rule; nor can a rule protecting absentees be suspended even by general consent or a unanimous vote. For instance, a rule requiring notice of a motion to be given at a previous meeting cannot be suspended by a unanimous vote, as it protects absentees who do not give their consent. A rule requiring officers to be elected by ballot cannot be suspended by a unanimous vote, because the rule protects a minority of one from exposing his vote, and this he must do if he votes openly in the negative, or objects to giving general consent. Nor can this result be accomplished by voting that the ballot of the assembly be cast by the secretary or any one else, as this does away with the essential principle of the ballot, namely, secrecy, and is a suspension of the by-law, and practically allows a viva voce vote. If it is desired to allow the suspension of a by-law that cannot be suspended under these rules, then it is necessary to provide in the by-laws for its suspension.
The Form of this motion is, “to suspend the rules that interfere with,” etc., stating the object of the suspension, as, “the consideration of a resolution on ........,” which resolution is immediately offered after the rules are suspended, the chair recognizing for that purpose the member that moved to suspend the rules. Or, if it is desired to consider a question which has been laid on the table, and cannot be taken up at that time because that class of business is not then in order, or to consider a question that has been postponed to another time, or that is in the order of business for another time, then the motion may be made thus, “I move to suspend the rules and take up [or consider] the resolution....” When the object is not to take up a question for discussion but to adopt it without debate, the motion is made thus: “I move to suspend the rules and adopt [or agree to] the following resolution,” which is then read: or, “I move to suspend the rules, and adopt [or agree to] the resolution on....” The same form may be used in a case like this: “I move to suspend the rules, and admit to the privileges of the floor members of sister societies,” which merely admits them to the hall.
Instead of a formal motion to suspend the rules, it is more usual to ask for general consent to do the particular business that is out of order. As soon as the request is made the chair inquires if there is any objection, and if no one objects, he directs the member to proceed just as if the rules had been suspended by a formal vote. [See General Consent 48.]
23. Objection to the Consideration of a Question. An objection may be made to the consideration of any original main motion, and to no others, provided it is made before there is any debate or before any subsidiary motion is stated. Thus, it may be applied to petitions and to communications that are not from a superior body, as well as to resolutions. It cannot be applied to incidental main motions [11], such as amendments to by-laws, or to reports of committees on subjects referred to them, etc. It is similar to a question of order in that it can be made when another has the floor, and does not require a second; and as the chairman can call a member to order, so he can put this question, if he deems it advisable, upon his own responsibility. It cannot be debated, or amended, or have any other subsidiary motion applied to it. It yields to privileged motions and to the motion to lay on the table. A negative, but not an affirmative vote on the consideration may be reconsidered.13
When an original main motion is made and any member wishes to prevent its consideration, he rises, although another has the floor, and says, “Mr. Chairman, I object to its consideration.” The chairman immediately puts the question, “The consideration of the question has been objected to: Will the assembly consider it? [or, Shall the question be considered?]” If decided in the negative by a two-thirds vote, the whole matter is dismissed for that session; otherwise, the discussion continues as if this objection had never been made. The same question may be introduced at any succeeding session.
The Object of this motion is not to cut off debate (for which other motions are provided) but to enable the assembly to avoid altogether any question which it may deem irrelevant, unprofitable, or contentious. If the chair considers the question entirely outside the objects of the society, he should rule it out of order, from which decision an appeal may be taken.
Objection to the consideration of a question must not be confounded with objecting where unanimous consent, or a majority vote, is required. Thus, in case of the minority of a committee desiring to submit their views, a single member saying, “I object,” prevents it, unless the assembly by a majority vote grants them permission.
24. Division of a Question, and Consideration by Paragraph. Division of a Question.14 The motion to divide a question can be applied only to main motions and to amendments. It takes precedence of nothing but the motion to postpone indefinitely, and yields to all privileged, incidental, and subsidiary motions except to amend and to postpone indefinitely. It may be amended but can have no other subsidiary motion applied to it. It is undebatable. It may be made at any time when the question to be divided, or the motion to postpone indefinitely, is immediately pending, even after the previous question has been ordered. But it is preferable to divide the question when it is first introduced. When divided each resolution or proposition is considered and voted on separately, the same as if it had been offered alone. The motion to adopt, which was pending when the question was divided, applies to all the parts into which the question has been divided and should not, therefore, be repeated. The formality of a vote on dividing the question is generally dispensed with, as it is usually arranged by general consent. But if this cannot be done, then a formal motion to divide is necessary, specifying the exact method of division.
When a motion relating to a certain subject contains several parts, each of which is capable of standing as a complete proposition if the others are removed, it can be divided into two or more propositions to be considered and voted on as distinct questions, by the assembly’s adopting a motion to divide the question in a specified manner. The motion must clearly state how the question is to be divided, and any one else may propose a different division, and these different propositions, or amendments, should be treated as filling blanks; that is, they should be voted on in the order in which they are made, unless they suggest different numbers of questions, when the largest number is voted on first. If a resolution includes several distinct propositions, but is so written that they cannot be separated without its being rewritten, the question can not be divided. The division must not require the secretary to do more than to mechanically separate the resolution into the required parts, prefixing to each part the words “Resolved, That,” or “Ordered, That,” and dropping conjunctions when necessary, and replacing pronouns by the nouns for which they stand, wherever the division makes it necessary. When the question is divided, each separate question must be a proper one for the assembly to act upon, if none of the others is adopted. Thus, a motion to “commit with instructions” is indivisible; because, if divided, and the motion to commit should fail, then the other motion, to instruct the committee, would be absurd, as there would be no committee to instruct. The motion to “strike out certain words and insert others” is strictly one proposition and therefore indivisible.
If a series of independent resolutions relating to different subjects is included in one motion, it must be divided on the request of a single member, which request may be made while another has the floor. But however complicated a single proposition may be, no member has a right to insist upon its division. His remedy is to move that it be divided, if it is capable of division, or, if not, to move to strike out the objectionable parts. A motion to strike out a name in a resolution brings the assembly to a vote on that name just as well as would a division of the question, if it were allowed to go to that extent, which it is not. If a series of resolutions is proposed as a substitute for another series, such a motion is incapable of division; but a motion can be made to strike out any of the resolutions before the vote is taken on the substitution. After they have been substituted it is too late to strike out any of them. When a committee reports a number of amendments to a resolution referred to it, one vote may be taken on adopting, or agreeing to, all the amendments provided no one objects. But if a single member requests separate votes on one or more of the amendments, they must be considered separately. The others may all be voted on together.
Consideration by Paragraph or Seriatim. Where an elaborate proposition is submitted, like a series of resolutions on one subject, or a set of by-laws, the parts being intimately connected, it should not be divided. The division would add greatly to the difficulty of perfecting the different paragraphs or by-laws by amendments. If the paragraphs are adopted separately, and amendments to succeeding paragraphs make it necessary to amend a preceding one, it can be done only by first reconsidering the vote on the preceding paragraph. In the case of by-laws the trouble is increased, because each by-law goes into effect as soon as adopted, and its amendment is controlled by any by-law or rule that may have been adopted on the subject. When the paragraphs are voted on separately no vote should be taken on the whole. But in all such cases the proper course is to consider the proposition by paragraph, or section, or resolution, or, as it is often called, seriatim. The chair should always adopt this course when the question consists of several paragraphs or resolutions, unless he thinks the assembly wishes to act on them immediately as a whole, when he asks if they shall be taken up by paragraph, and the matter is settled informally. Should the chair neglect to take up the proposition by paragraph, any one may move that the proposition be considered by paragraph, or seriatim.