mmmm$mmmmmm\rm«mm^ -^ ifiM UCSB LIBRAKt y-"-] fjio I- ROBERT'S Rules of Order Revised FOR DELIBERATIVE ASSEMBLIES PART I RULES OF ORDER COMPENDIUM OF PARLIAMENTARY LAW, BASED UPON THE RULES AND PRACTICE OF CONGRESS PART II ORGANIZATION AND CONDUCT OF BUSINESS . SIMPLE EXPLANATION OF THE METHODS OF ORGANIZING XSC CONDUCTING THE BUSINESS OF SOCIETIES. CONVENTIONS. AND OTHER DELIBERATIVE ASSEMBLIES GENERAL HENRY M. ROBERT U. S. Army INCLUSIVE OF ROBERT'S RULES OF ORDER SEVEN HU>'DRED AND TWENTY-SECOND THOUSAND SCOTT. FORESMAN AND COMPANY CHICAGO ATLANTA NEW YORK Copyright, 1915 By henry M. ROBERT All Rights Reserved [Copyrights of the Pocket Manual of Rules of Order (Robert-s Rules of Order) Copyright, 1876. 1893, 190i, 1918, 1921 By H. M. ROBERT] TABLE OF CONTENTS PAGE Order of Precedence of Motions 5 Table of Rules Relating to Motions 6 Preface 13 Introduction. Parliamentary Law 15 Plan of the Work 20 Definitions 22 Part I. — Rules of Order. Art. I. — How Business is Conducted in Delib- erative Assemblies. § 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 Announc- ing the Vote 40 10. Proper Motions to Use to Accom- plish Certain Objects 43 Art. II. — General Classification of Motions. § 11. Main or Principal Motions 51 12. Subsidiary Motions 54 13. Incidental Alotions 56 14. Privileged Motions 57 15. Some Main and Unclassified Motions 58 Art. III. — Privileged Motions. § 16. Fix the Time to which the Assem- bly shall Adjourn 59 17. Adjourn 60 18. Take a Recess 64 19. Questions of Privilege 66 20. General and Special Orders and a Call for the Orders of the Day. . . 68 1 2 TABLE OF CONTENTS Art. IV. — Incidental Motions. page § 21. Questions of Order and Appeal.... 78 22. Suspension of the Rules 83 23. Objection to the Consideration of a Question 87 24. Division of a Question, and Consid- eration by Paragraph or Seriatim 89 25. Division of the Assembly, and Mo- tions relating to Methods of Voting, or to Closing or Reopen- ing the Polls 95 26. Motions relating to Methods of Making, or to Closing or to Re- opening Nominations 96 27. Requests growing out of Business Pending or that has just been pending, as, a Parliamentary In- quiry, a Request for Information, for Leave to Withdraw a. Motion, to Read Papers, to be Excused from a Duty, or for any other Privilege 97 Art. V. — ^Subsidiary Motions. § 28. Lay on the Table 104 29. The Previous Question Ill 30. Limit or Extend Limits of Debate.. 118 31. Postpone Definitely, or to a Certain Time 121 32. Commit or Refer, or Recommit. . . . 125 33. Amend 134 34. Postpone Indefinitely 152 Art. VI. — Some Main and Unclassified Motions. § 35. Take from the Table 154 36. Reconsider 156 37. Rescind 169 38. Renewal of a Motion 171 39. Ratify 173 40. Dilatory, Absurd, or Frivolous Mo- tions . . . : 174 41. Call of the House 175 TA]'.LE OF CONTENTS 3 Art. VII. — Debate. page § 42. Debate 178 43. Decorum in Debate 180 44. Closing and Preventing Debate.. .. 182 45. Principles of Debate and Undebat- able Motions 184 Art. VIII.— Vote. § 46. Voting 188 47. Votes that are i\'uli and \'oid even if Unanimous 201 48. Motions requiring more than a Ma- jority Vote 202 Art. IX. — Committees and Boards. § 49. Committees Classified 206 50. Boards of Managers, etc., and Ex- ecutive 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 Art. X. — The Officers and the Minutes. § 58. Chairman or President 236 59. Secretary or Clerk 244 60. The Minutes 247 61. Executive Secretary 250 62. Treasurer 251 Art. XL — Miscellaneous. § 63. Session 253 64. Quorum 257 65. Order of Business 261 66. Nominations and Elections 263 67. Constitutions, By-laws, Rules of Order, and Standing Rules 264 68. Amendments of Constitutions, By- laws, and Rules of Order 269 TABLE OF CONTENTS Part II. — Organization, Meetings, and Legal Rights of Assemblies. Art. XII. — Organization and Meetings. PAGE § 69. An Occasional or Mass Meeting. (a) Organization 275 lb) Adoption of Resolutions 277 (c) Committee to draft Resolutions 280 (d) Semi-Permanent Mass Meeting 283 70. A Permanent Society. (a) First Meeting 284 (b) Second Meeting 286 (c) Regular Meeting 291 71. Meeting of a Convention. An Organized Convention 292 A Convention not yet Organized 296 Art. XIII. — Legal Rights of Assemblies and Trial of Their Members. § 72. Right of an Assembly to Punish its Members 299 73. Right of an Assembly to Eject any one from its Place of Meeting... 299 74. Rights of Ecclesiastical Tribunals.. 300 75. Trial of Members of Societies 302 Plan for Study of Parliamentary Law. Introduction 305 Lesson Outlines 308 Index 313 (a) (b) ORDER OF PRECEDENCE OF MOTIONS. The ordinary motions rank as follows, the lowest in rank being at the bottom and the highest at the top of the list. When any one of them is immediately pending the motions above it in the list are in order, and those below are out of order. Those marked (^) require a ^ vote for their adoption ; the others require only a majority. Fix the Time to which to Adjourn" (when privileged).* t Adjourn (when privileged). t Take a Recess (when privileged).* f Raise a Question of Privilege. Call for the Orders of the Day. 73 to t/i Lay on the Table. Previous Question (2/3). Limit or Extend Limits of Debate (2/3).* ^Postpone to a Certain Time.* Commit or Refer.* Amend.* Postpone Indefinitely. A Main Motion.* * Can be amended : the others cannot be amended. t The first three motions are not always privi- leged. To Fix the Time to zvhich to Adjourn 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. To Adjourn loses its privileged charac- ter and is a main motion if in any way qualified, or if its effect, if adopted, is to dissolve the as- sembly without any provision for its meeting again. To Take a Recess is privileged only when made while other business is pending. 5 TABLE OF RULES •jooi^ SBq J9q;ouv uaqM japjQ P mo | | | | | •p9puoD9S sq isni^i | | { { | •910A >i;uofB];^ B X|uo S9jmba^ 1 1 1 1 I •pajspisuooa^ 9q ubq | -^ | *^ 1 •p3i|ddv 3q UBD suouoi\[ XjBipisqns 1 '^C 1 1 1 •papuauiv aq UB3 1 ^ 1 | | •uoussn^ Suipua^ oi pauijuo3 3iBq»a | | | | | •aiqB^Bqga | -^ 1 1 1 o ^ ri X V5 c« — ^ 'Z '^ t/3 '- ^. ^ U. o 2-- H ^ xJ' rt '^ ^ « >> ;j: o o o p o,1^2 •n ij = . c C -' .. C^ a- H* x- ™ o :x 5 c ;-- ■ S ^ ^ ^- a o rt "H. .1 i3 '/ tr :^ o o o. (^ a ^ w o rt '-< s .-« 3 tn X O a; C ^ E o rt : " r.-^ s ::: > J- (U w * o ; ^'^ "rt -a "-^ C^,^ P = ° t/5 c 1 — , ^ c *^ X o o •- c« — o 3 <--i — ••_^ (0 u o ^"^ O O 4^ c« CM — ' -^ ' ' ■— — C TJ c ^ r^ (« vT5 >» C »— 1 O 03 «-H •=kJ c M ^ n rt - CT3 C rt v o = a; ii C CC 03 u. C c o S ^2 Ji bl) ;> < a. o .2. o << §1 a a o o •pasiAan 'JapjQ JO sainn ui uopoas | ^ S 5 5 TABLE OF RULES I I -K-K I I I -K2 I II I I l-K I i -K I I -K2 I III -HI l-K I I M -Kl M IN l-KIS «^ I I I l-K-K I '^-K I -K-K' I I I l-k -K-K I I l-K ^ I I ^-K-K I I -K I I -KM-^- + 1 l->t Ml nil I I II III I I I.I. I I -K i M -k-K-KS I -K-K l-^^M c « Ji "« 3 i'is c § 2 •O 'O ^3 'O c c c c ti (U V V B B B B < < < < B 2 o o V 2 S bJ3 u C o ;:3 .tf 2 .2 _^ C C en u .5 « « -2 CO 4> (U ii tfl rt i^ H a a iS o < < PQ U H - C C ft. « _o o ^ CO to w -M '2 ■> ■> X Q Q Q (5 to 3 O < 3 bJ3 u •T3 ^ V CO CO 3 U t) D ^ .5 o F o « ►5 k3 H^ S 3 o o -^ *" a h "» X o *i '^ u a g ^ 2 o o o '^ *^ -M 4- CJ ^ (O" CO CO O .H C C C -M ^ .2 .2 .2 c I rt rt rt .2 ^ .B .s .s t; B B B-^ o o o ^ 2 2 Z O c^e^ooi>i ^N^-Neo«<3 ^ irs ^ij« «© c>« o© ^-^ ^-h «©(:©«©eo coo^^oc© c»»i -« /.ll, s RULES OF ORDER -Kl II -KM 1 -Kl M III! >»w pwo.ff^ 1 ^ 1 -Kl 1 1 ^t| 11 11 11 M m •V>^ (}!^9(*^ 1 -K 1 1 1 1 l-K 1 1 1 1 12 1-K l-KI 1 -K 1 SS -K 1 1 -K ^^ 1 -K -K-K 1 ^ -Kl l-K -Kl-KI 11 l-K +* 1 -K >'fl»fu,u,,r^ 1 ^ 1 -K 1 -k->f -K 1 ->f 1 -¥1 1 -K ^-k 1-K 1 1-Kl 1 1 1 i S-k 11 1 1 1 1 »eiKoa»ii^ 1 -K i -K 1 i-K -K 1 -k:: " 1 1 ^c -K-K-K-K «*4 i-l c O CO j^ ^^ CO Ctf flj ps^ « S *- J3 0» 2 o <*H ^ -^ o In Ui Wi U V a> 4> a> •O 73 na -O Ui ti U< k4 O O O O 5 Q c a; c o n) p Pa Pa c So S s o 0. Oh a ••3 'Z ft CO C o .S2 .ii « o 3 IJ bX) S (0 ^ .5 Oh Oh o ii-s a «s ^ ^ 3 O O -. ^ u M ^ oa 4» t> 3 jj « W CO GO ^ -« *; .ti CO TO O j^ H H > > ^-H^«& I>- ^M ^?" 06 «6 OS E>" OO e^3ff>4>^-=^^^3ot^ > rt.S i;~ n p ^-^ -^3 cl= 2 S c-2*^-= i o .•2-rt^Pc'^ « S-d--,^, w-5 o.o^ E rt ^:::: p o o "^ o ■' ^D-.2^ 5-ii O H Z '^ ^ ^ ^ p 2^^-2 5iH^ b-g >>E^ =-1 = i-^"^ P ii til ^ --o i rt o -r; -o 12 ^ o > cA. E '" > — o o >.c lO TABLE OF RULES "x: c o z: ^ r' H n o ? o"^ d. o -^ B =^-6 o-<^ 8-^ ^-Br '- -'2 f ^-"S ^^^--^o^^^f^Bd- o ^^ -sac. c = Ji " a,- ^-^ a; X a; (u-n ±: :; c ,>.!- « SO) ^ 1) .ZZ TO'^t- _— ' rt ^ u.-H-'S^ £ '^- i 2 ~ -c^-^bo^ 3 8 §•> < i: -^ — bc>. OJ -G -Q O c :^ 4j V- rt-p ^i; ^ aj_ g s . ^ t-? i: dj -^ j::: se" Q. ni *-• T!! *-'. '^ _ :^gs, c rtfe'^^ i5o2_.rt~;C"-a^ ^-z:E' .^ _Q TABLE OF RULES II EXPLANATION OF THE TABLE OF RULES RELATING TO MOTIONS. Every one expecting to take an active part in meetings of a deliberative assembly should be- come sufficiently familiar with the Order of Precedence of Motions, page 5. and the Table of Rules, pages 6-10. to be able to refer to them quickly. This familiarity can only be acquired by actual practice in referring to these tables and finding the rulings on the various points covered by them in regard to various motions. These six pages contain an epitome of parliamentary law. The Order of Precedence of Motions should be committed to memory, as it contains all of the privileged and subsidiary motions, 12 in number, arranged in their order of rank, and shows in re- gard to each motion whether it can be debated or amended, and what vote it requires, and under what circumstances it can be made. In the Table of Rules the headings to the 8 columns are rules or principles which are ap- plicable to all original main motions, and should be memorized. They are as follows: (1) Original Main Motions are debatable; (2) debate must be confined to the immediately pending^ question; (3) they can be amended; (4) all subsidiary mo- tions can be applied to them: (5) they can be reconsidered: (6) they require only a majority vote for their adoption; (7) they must be sec- onded; and (8) they are not in order when another has the floor. Whenever any of the_44 motions in the Table differs from a main motion in regard to any of these rules, the exception is indicated by a star (*) or a figure in the proper column opposite that motion. A star shows that the exact opposite of the rule at the head of the column applies to the motion. A figure refers to a note which explains the extent of the excep- tion. A blank shows that the rule at the head of the column applies, and therefore that the motion is in this respect exactly like a main motion. 12 TABLE OF RULES Some of the motions are followed by figures not in the columns; these figures refer to notes giving useful information in regard to these motions. The Table of Rules is constructed upon the theory that it is best to learn the general princi- ples of parliamentary law as applied to original main motions, and then to note in what respects each other motion is an exception to these gen- eral rules. Thus, the motion to postpone defi- nitely, or to a certain time, has no stars or figures opposite it, and therefore it is subject to all of the above 8 rules the same as any main motion: to postpone indefinitely has two stars and the number 13 opposite to it, showing that the rules at the head of these three columns do not apply to this motion. The first star shows that debate is not confined to the motion to postpone in- definitely, but that the main motion is also open to debate; the second star shows that the motion to postpone indefinitely cannot be amended; and the number 13 refers to a note which shows that a negative vote on this motion cannot be recon- sidered. As has previously been stated, a star shows that the motion, instead of being subject to the rule at the head of the column, is subject to a rule exactly the reverse. Stars in the various columns, therefore, mean that the motions are subject to the following rules: (1) undebatable; (2) opens main question to debate; (3) cannot be amended; (4) no subsidiary motion can be ap- plied; (5) cannot be reconsidered; (6) requires a two-thirds vote; (7) does not require to be sec- onded; and (8) in order when another has the floor. PREFACE. A work on parliamentary law is needed, based, in its general principles, upon the rules and practice of Congress, but adapted, in its details, to the use.of ordi- nary societies. Such a work should give not only the methods of organizing and conducting meetings, the duties of officers, and names of ordinary motions, but also a systematic statement in reference to each mo- tion, as to its object and effect; whether it can be amended or debated; if debatable, the extent to which it opens the main question to debate ; the circumstances under which it can be made, and what other motions can be made while it is pending. Robert's Rules of Order (published in 1876, slight additions being made in 1893) was prepaied with a hope of supplying the above information in a condensed and systematic form, each rule being complete in itself, or giving references to every section that in any way qualifies it, so that a stranger to the work can refer to any special subject with safety. The fact that during these thirty-nine years a half million copies of these Rules have been published would indicate that there is a demand for a work of this kind. But the constant inquiries from all sections of the country for information concerning proceedings in deliberative assemblies that is not contained in Rules of Order, seems to demand a revision and enlargement of the manual. To meet this want, the work has been thoroughly revised and enlarged, and, to avoid confu- sion with the old Rules, is published under the title of "Robert's Rules of Order Revised." The object of Rules of Order is to assist an assem- bly to accomplish in the best possible manner the work for which it was designed. To do this it is necessary to restrain the individual somewhat, as the right of an individual, in any community, to do what he pleases, is incompatible with the interests of the whole. Where there is no law, but every man does what is right in 13 14 PREFACE his own eyes, there is the least of real libert\\ Expe- rience has shown the importance of definiteness in the law ; and in this country, where customs are so slightly established and the published manuals of parliamen- tary practice so conflicting, no society should attempt to conduct business without having adopted some work upon the subject as the authority in all cases not covered by its own special rules. While it is important that an assembly has good rules, it is more important that it be not without some rules to govern its proceedings. It is much more im- portant, for instance, that an assembly has a rule determining the rank of the motion ^o postpone in- definitely, than that it gives this motion the highest rank of all subsidiary motions except to lay on the table, as in the U. S. Senate ; or gives it the lowest rank, as in the U. S. House of Representatives ; or gives it equal rank with the previous question, to post- pone definitel}-, and to commit, so that if one is pend- ing none of the others may be moved, as under the old parliamentary law. This has been well expressed by one of the greatest of English writers on parliamen- tary law : "Whether these forms be in all cases the most rational or not is really not of so great impor- tance. It is much more material that there should be a rule to go by than what that rule is ; that there may be a uniformity of proceeding in business, not subject to the caprice of the chairman or captiousness of the members. It is very material that order, decency, and regularitv be preserved in a dignified public body." H. M. R. February, 1915. INTRODUCTION. PARLIAMENTARY LAW. Parliamentary Law refers originally to the cus- toms and rules for conducting business in the English Parliament; and thence to the usages of deliberative assemblies in general. In England these usages of Parliament form a part of the unwritten law of the land, and in our own legislative bodies they are of authority in all cases where they do not conflict with existing rules or precedents. But as a people we have not the respect w^hich the English have for customs and precedents, and are always ready for such innovations as we think are improvements ; hence changes have been and are constantly being made in the written rules which our legislative bodies have found best to adopt. As each house adopts its own rules, the result is that the tw^o houses of the same legislature do not always agree in their practice; even in Congress the order of prece- dence of motions is not the same in both houses, and the previous question is admitted in the House of Representatives but not in the Senate. As a conse- quence of this, the exact method of con To Postpone Indefinitely takes prece- dence of nothing except the main motion to which it is applied, and yields to all privileged [14], incidental [13], and other subsidiary [12] motions. It cannot be amended or have any other subsidiary motion applied to it ex- cept the previous question and motions limit- ing or extending the limits of debate. It is debatable and opens the main c|uestion to de- bate. It can be applied to nothing but main questions, which include questions of privi- lege and orders of the day after they are be- fore the assembly for consideration. An affirmative vote on it may be reconsidered, but not a negative vote. If lost it cannot be renewed. It is simply a motion to reject the main question. If a main motion is referred to a committee while to postpone indefinitely is pending, the latter motion is ignored and does not go to the committee. The Object of this motion is not to postpone, §34] "^O POSTPONE INDEFINITELY I53 but to reject, the main motion without incur- ring the risk of a direct vote on it. and it is made only by the enemies of the main motion when they are in doubt as to their being in the majority. The Effect of making this motion is to en- able members who have exhausted their right of debate on the main question, to speak again, as, technically, the question before the assem- bly is different, while, as far as the subject of discussion is concerned, there is no difference caused by changing the question from adopting to rejecting the measure, because the merits of the main question are open to debate in either case. If adopted, its effect is to sup- press the main motion for that session, unless the vote is reconsidered. As this motion does not suppress the debate on the main question, its only useful effect is to give the opponents of the pending measure a chance of killing the main motion without risking its adoption in case of failure. For, if they carry the in- definite postponement, the main question is suppressed for the session ; if they fail, they still have a vote on the main question, and, having learned their strength by the vote taken, they can form an opinion of the advisa- bility of continuing the struggle. 154 RULES OF ORDER [§35 Art. VI. Some Main and Unclassified Motions. See 15 for a list of these motions. 35. To Take from the Table takes prece- dence of no pending question, but has the right of way in preference to main motions if made during the session in which it was laid on the table while no question is actually pending, and at a time when business of this class, or unfinished business, or new business, is in order; and also during the next session in societies having regular business meetings as frequently as quarterly. It yields to privi- leged [14] and incidental [13] motions, but not to subsidiary [12] ones. It is undebatable, and no subsidiary motion can be applied to it. It is not in order unless some business has been transacted since the question was laid on the table, nor can it be renewed until some business has been transacted since it was lost. The motion to take from the table cannot be reconsidered, as it can be renewed repeatedly if lost, and, if carried, the question can be again laid on the table after progress in debate or business. In ordinary deliberative assemblies, a ques- tion is supposed to be laid on the table only temporarily with the expectation of its con- sideration being resumed after the disposal of §35] "^O TAKE FROM TABLE I55 the interrupting question, or at a more con- venient season.* As soon as the question that Avas introduced when the first question was laid on the table, is disposed of, any one may move to take this first question from the table. When he rises to make the motion, if the chair recognizes some one else as having first risen, he should at once say that he rises to move to take a question from the table. The chair then assigns him the floor if the other member has risen to make a main motion. If the new main motion has been stated by the chair before he claims the floor, he must wait until that question is disposed of before his motion will be in order. When taken up, the question with everything adhering to it is be- fore the assembly exactly as when it was laid on the table. Thus, if a resolution has amend- ments and a motion to commit pending at the time it was laid on the table, when it is taken from the table the question is first on the mo- tion to commit. If a motion to postpone to a certain time is pending when the question is laid on the table, and it is taken from the table after that time, then the motion to postpone is ignored when the question is taken up. If the question is taken up on the day it was laid * See foot note on page 107. for the Coneressional practice. As stated there. Congress has abandoned the ordinary parliamentary use of the motion to lay on the table and has converted it into a motion to enable the majority to kill a measure instantly. Therefore Con- gressional practice in regard to laying on. or taking from, the table is of no authority in assemblies using these motions in the common parliamentary law sense. 156 RULES OF ORDER [§36 on the table, members who have exhausted their right of debate cannot again speak on the question. But if taken up on another day, no notice is taken of speeches previously made. The previous question is not exhausted if the question upon which it was ordered is taken from the table at the same session, even though it is on another day. 36. Reconsider.* This motion is peculiar in that the making of the motion has a higher rank than its consideration, and for a certain time prevents anything being done as the re- sult of the vote it is proposed to reconsider. It can be made only on the day the vote to be reconsidered was taken, or on the next suc- ceeding day, a legal holiday or a recess not being counted as a day. It must be made by one who voted with the prevailing side. Any member may second it. It can be made while any other question is pending, even if an- other member has the floor, or after it has been voted to adjourn, provided the chair has • H. R. Rule 18, §1. is as follows : "1. When a motion has been made and carried, or lost, it shall be in order for any member of the majority, on the same or succeed- ing day, to move for the reconsideration thereof, and such motion shall take precedence of all other Questions except the consideration of a conference renort or a motion to adjourn, and shall not be withdrawn after the said suc- ceeding day without the consent of the House, and there- after any member may call it ud for consideration : Provided. That such motion, if made durine the last six days of a session, shall be disoosed of when^made." This rule is construed to mean that the motion to reconsider may be made by any member who voted on the Question, except when the yeas and nays were ordered to be re- corded in the journal, which is done, however, with every important vote. §36] RECONSIDER 1 57 not declared the assembly adjourned. It may be made after the previous question has been ordered, in which case it and the motion to be reconsidered are undebatable. While the making of the motion to recon- sider has such high privilege, its consideration has only the rank of the motion to be recon- sidered, though it has the right of way in pref- erence to any new motion of equal rank, as illustrated further on ; and the reconsideration of a vote disposing of a main question either temporarily or permanently may be called up, when no question is pending, even though the general orders are being carried out. The motion to reconsider cannot be amended, post- poned indefinitely, or committed. If the re- consideration is laid on the table or postponed definitely, the question to be reconsidered and all adhering questions go with it.* The pre- vious question and the motions limiting or extending the limits of debate may be applied to it when it is debatable. It is undebatable only when the motion to be reconsidered is undebatable. When debatable it opens to de- * In CoDtrress it is usual for the member in cbarpe ol an important bill as soon as it is passed to move its reconsideration, and at tbe same time to move tbat the reconsideration be laid on the table. If the latter motion is adonted the reronsideration is dead and the bill i-s iri the same condition as if tbe reconsideration had beea voted on and lost. These Rules, like the common par- liamentary law. carry the bill to the table, from v,-hicl it could be taken at any time. [See note, p. 155.) Un- less there is a special rule allowing it. the two motions could not be made at the same time in an ordinary society. 158 RULES OF ORDER [§36 bate the merits of the question to be recon- sidered. It cannot be withdrawn after it is too late to renew the motion. If the motion to reconsider is lost it cannot be repeated ex- cept by general consent. No question can be twice reconsidered unless it was materially amended after its first reconsideration. A re- consideration requires only a majority vote, regardless of the vote necessary to adopt the motion reconsidered. The motion to reconsider cannot he applied to a vote on a motion that may be renewed within a reasonable time; or when practically the same result may be attained by some other parliamentary motion ; or when the vote has been partially executed (except in case of the motion to limit debate), or something has been done as the result of the vote that the assem- bly cannot undo ; or to an affirmative vote in the nature of a contract, when the other party to the contract has been notified of the vote ; or to a vote on the motion to reconsider. In accordance with these principles, votes on the following motions cannot he reconsidered: Adjourn; Take a Recess; Lay on the Table; Take from the Table; Suspend the Rules or Order of Business ; and Reconsider. Affirma- tive votes on the following cannot be reconsid- ered: Proceed to the Orders of the Day; Adopt, or after they are adopted, to Amend, or Repeal, or Rescind, the Constitution, By- laws, or Rules of Order or any other rules §3^] RECONSIDER 159 that require previous notice for their amend- ment ; E-lect to membership or office if the member or officer is present and does not de- cline, or if absent and has learned of his elec- tion in the usual way and has not declined ; to Reopen Nominations. A negative vote on the motion to Postpone Indefinitely cannot be re- considered as practically the same question comes up again when the vote is taken on the main question. After a committee has taken up the matter referred to it, it is too late to reconsider the vote committing it, though the committee may be discharged. But after de- bate has proceeded under an order limiting or extending the limits of debate, the vote making that order may be reconsidered, as the debate may develop facts that make it desirable to return to the regular rules of debate. The minutes, or record of proceed- ings, may be corrected at any time without reconsidering the vote approving them. If the main question is pending and it is moved to reconsider the vote on any subsid- iary [12], incidental [13], or privileged [14] motion, the chair states the question on the reconsideration the moment the motion to be reconsidered is in order if it were made then for the first time. Thus, if, while the motions to commit, for the previous question, and to lay on the table are pending, it is moved to reconsider a negative vote on postponing to a certain time, the chair proceeds to take the l60 RULES OF ORDER [§36 vote on laying on the table and, if that is lost, next on the previous question, and • then on reconsidering the vote on the postponement, and if that is adopted, then on the postpone- ment, and if that is lost, then on to commit. If the motion to lay on the table had been car- ried, then when the question was taken from the table the same method of procedure would be followed ; that is, the question would be first on ordering the previous question, and next on reconsidering the vote on the post- ponement, etc. If the reconsideration of an amendment of the first degree is moved while another amendment of the same degree is pending, the pending amendment is first dis- posed of and then the chair announces the question on the reconsideration of the amend- ment. If the reconsideration of an amend- ment to an immediately pending question is moved the chair at once announces the ques- tion on the reconsideration. If the reconsideration is moved while an- other subject is before the assembly, it can- not interrupt the pending business, but, as soon as that has been disposed of, if called up it has the preference over all other main mo- tions and general orders. In such a case the chair does not state the question on the recon- sideration 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 §36] RECONSIDER l6l at once states the question on the reconsidera- tion, 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 re- consider 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 ap- plies in case of an amendment to an amend- ment, 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 de- bate 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 lim- ited 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 con- dition it was in just previous to taking the original vote on that amendment. The Forms of making this motion are as follows: 'T 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 Thurs- l62 RULES OF ORDER [§36 day.'" [This form is used when the resolu- tion is still pending.] "I move to reconsider the votes on the resolution relating to a ban- quet 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 mo- tion 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 para- graph. If it is called up by a member, he simply says, after obtaining the floor, 'T 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 mo- tion to reconsider the vote [or votes] on. . . . is called up. The question is, 'Will the assembly reconsider the vote [or votes] on ? Ar^ you ready for the question?' " If the re- consideration 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 § 36] RECONSIDER 163 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 piits the question thus : ''As many as are in favor of reconsidering the vote on the reso- lution 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 'Wednes- day' and insert 'Thursday?' As many as are in favor of the reconsideration say aye; those opposed say 710. 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 reconsid- ered, and the chair instantly states the ques- tion on the immediately pending question, which is then open to debate and amendment as before. The Effect of Making this motion is to sus- pend all action that the original motion would have required until the reconsideration is 164 • RULES OF ORDER [§36 acted upon; but if it is not called up, this effect terminates with the session"^ [63], ex- cept 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 ques- tion 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 ques- tion ; his only recourse is to discuss the ques- tion while the motion to reconsider is before the assembly. If the question is not reconsid- ered 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 reconsid- ered, the question is then divested of the pre- * In Congress the effect always terminates with the session, and it cannot be called up by any one but the mover, until the expiration of the time during which it will be in order to move a reconsideration. § 36] RECONSIDER 165 vious 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 pres- ent, or have received due notice that the re- consideration would be moved at this meeting. A vote cannot be reconsidered in committee of the whole. Reconsider and Have Entered on the Min- utes."^ The motion to reconsider, as previ- ously 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 tip 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 at- * Tn Congress, where the quorum is a majority of the members elected, and the members are paid for their services, there is no need for this form of the motion. On the contrary, it has been found necessary to provide means by which the majority may, when it pleases, pre- vent the making of the motion to reconsider by any one except the member in charge of the measure. l66 RULES OF ORDER [§36 tendance 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 mo- tions and amendments as is done in the Eng- lish Parliament. To accomplish this, however, it is necessary to allow this form of the mo- tion 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 m^otion 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 tem- porary minority should vote with the tempo- rary 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 § 36] RECONSIDER 167 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 ap- plying 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 reconsid- eration could be called up and disposed of. The mere making of this motion would prob- ably 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, accom- phshes the object of this motion by bring- ing the question before the assembly on a l68 RULES OF ORDER [§ 3^ different day from the one when the vote was taken. (2) It outranks the simple form of the mo- tion 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 post- poning indefinitely, a main question. And it may be applied to a negative vote on the con- sideration of a question that has been objected to, provided the session extends beyond that day. (4) In an assembly not having regular busi- ness 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. -i § 37] RESCIND, REPEAL, OR ANNUL 169 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 with- out 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 assem- bly. It cannot be made if the question can be reached by calling up the motion to recon- sider which has been previously made. It may be made by any member ; it is debatable, and yields to all privileged and incidental mo- tions ; and all of the subsidiary motions may be applied to it. The motion to rescind can be applied to votes on all main motions, in- cluding questions of privilege and orders of the day that have been acted upon, and to votes on an appeal, with the following excep- tions: votes cannot be rescinded after some- thing has been done as a result of that vote 170 RULES OF ORDER [§37 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, member- ship or office, and was present or has been officially notified. In the case of expulsion, the only way to reverse the action after- wards is to restore the person to member- ship or office, which requires the same pre- liminary 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 state- ment should be signed by the secretary. The words expunged must not be so blotted as not to be readable, as otherwise it would be impos- sible 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 rec- ords 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 I7I 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 objec- tion 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 can- not 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 reconsid- ering 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 prog- ress in debate or business, but the making of, or voting on, these motions is not business that justifies the renewal of a motion. Neither 172 RULES OF ORDER [§ 38 a motion to postpone indefinitely nor an amendment can be renewed at the same ses- sion, 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 in- definitely cannot be renewed even though the main motion has been amended since the in- definite postponement was previously moved. A point of order cannot be raised if an iden- tical 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 meet- ing, 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 recon- §39] RATIFY 173 sider. unless the question to be reconsidered was amended materially when previously re- considered ; 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 ob- struct business, and when it is evident that it is being so misused he should protect the as- sembly 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 assem- bly 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 ac- tion 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 174 RULES OF ORDER [§ 40 assembly. It is debatable and opens the entire question to debate. 40. Dilatory, Absurd, or Frivolous Mo- tions. 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 transac- tion of any business, and to allow a single member, by calling for a division, to have an- other vote taken. If there was no provision for protecting the assembly, a minority of two members could be constantly raising ques- tions of order and appealing from every de- cision of the chair, and calling for a division on every vote, even when it was nearly unani- mous, 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 meth- ods 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 adopt- ing this rule: "No dilatory motion shall be entertained by the speaker." But, without adopting any rule on the subject, every de- liberative assembly has the inherent right to protect itself from being imposed upon by members using parliamentary forms to pre- vent it from doing the very thing for which it is in session, and which these forms were designed to assist, namely, to transact busi- §4l] CALL OF THE HOUSE I75 ness. Therefore, whenever the chair is satis- fied that members are using parHamentary forms merely to obstruct business, he should either not recognize them, or else rule them out of order. After the chair has been sus- tained 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.* (This cannot be used in ordinary assemblies, as they have not the power to compel the attendance of members.) * In the early history of our Congress a call of the house required a day's notice, and in the English Par- liament it is ihsual to order that the call shall be made on a certain day in the future, usually not over ten days afterwards, though it has been as long as six weeks after- wards. The object of this is to give notice so that all the members may be present on that day, when important business is to come before the house. In Congress a call 176 RULES OF ORDER [§41 The object of a call of the house is to compel the attendance of absent members, and is allowable only in assembhes 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 Con- gress 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 attend- ance of absent members. After the call is ordered, a motion to adjofirn, or to dispense with further pro- ceedings in the call, cannot be entertained until a quorum is present, or until the sergeant-at-arms* reports that in his opiniort 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 of the house is only used now when no quorum is pres- ent, and as soon as a quorum appears it is usual to dispense with further proceedings in the call, and this is in order at any stage of the proceedings. In Congress it is customary afterwards to remit the fees that have been assessed. In some of our legislative bodies proceed- ings in the call cannot be dispensed with except a ma- jority of the members elect to vote in favor of so doing. * The term sergeant-at-arms should be replaced by "chief of police,' or the title of whatever officer serves the warrant. §4l] CALL OF THE HOUSE I77 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 alpha- betically, noting the absentees ; he then calls over again the names of absentees, when excuses* 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, Th^it 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 ar- raigns 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. PAGE 42. Debate 178 43. Decorum in Debate 180 44. Closing and Preventing Debate 182 45. Principles of Debate and Undebatable Motions 184 * It is usual in Congress to excuse those who -have "paired off." that is, two members on opposite sides of the pending question who have agreed that while one is absent the other will not vote on the question. Pairing should not be allowed on questions requiring a two-thirds 'ote. 178 RULES OF ORDER [§42 42. Debate. In 1-6 are explained the nec- essary 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 ob- tained the floor; and that the member shall then make a motion which, after being sec- onded, 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 par- tially 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, with- out leave of the assembly; and the question upon granting the leave shall be decided by a two-thirds vote without debate.* 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 com- mittee of the whole, or to consider it infor- mally, either of which requires only a majority vote; or to extend the limits of debate [30], * The limit of time should vary to suit circumstances, but the limit of two speeches of ten minutes each will usually answer in ordinary assemblies, and, when desira- ble, by a two-thirds vote it can be increased or dimin- ished as shown in 30. In the U. S. House of Representa- tives no member can speak more than once to the same question, nor longer than one hour. In the Senate there is no limit to the length of a speech, and no senator can speak more than twice on the same day to the same ques- tion without leave of the Senate, which question is undebatable. §42] DEBATE 1 79 which requires a two-thirds vote. So the de- bate, by a two-thirds vote, may be limited to any extent desired, as shown in 30. The mem- ber 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.* An amendment, or any other motion, being offered, makes the real question before the as- sembly a different one, and, in regard to the right to debate, is treated as a new question. When an amendment is pending the debate miust be confined to the merits of the amend- ment, unless it is of such a nature that its decision practically decides the main question. Merely asking a question, or making a sug- gestion, 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 put- ting 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 * Formerly the member who reported a proposition from a committee was permitted to close the debate in the House after the previous question was ordered, provided he had not used all of his hour previously. t8o rules of order [§43 announced the vote, if it is found that a mem- ber arose and addressed the chair with rea- sonable promptness after the chair asked, "Are you ready for the question?" he is then en- titled to the floor, and the question is in ex- actly 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 com- menced. 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 assem- bly, 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 refer- ring to him as "the member who spoke last," or in some other way describing him. The officers of the assembly should always be re- ferred to by their official titles. It is not al- lowable 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 mem- ber speaking, he should rise, and without wait- §43] DECORUM IN DEBATE l8l ing to be recognized, say, "Mr. Chairman, I should like to ask the gentleman a question." The chair then asks the speaker if he is will- ing 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 di- rectly address one another in a deliberative assembly. If the speaker consents to the ques- tion, 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 other- wise 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 re- marks 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 per- sonal nature, after each party has been heard. 18-2 RULES OF ORDER [§44 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. Disor- derly words to the presiding officer, or in re- spect 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 assem- bly by whispering, or walking across the floor, or in any other way. 44. Closing Debate and Preventing De- bate. 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 chair- man'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 re- open the debate or make a motion, provided he rises with reasonable promptness after the §44] CLOSING AND PREVENTING DEBATE 1 83 chair asks, "Are you ready for the question?" If the debate is resumed the question must be put again, both the affirmative and the nega- tive. Should this privilege be abused by mem- bers 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 de- bate, the chair should act as in case of dilatory motions [40], or any other attempt to obstruct business, and protect the assembly from an- noyance. 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 de- sired 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 mo- tions require a two-thirds* vote, as they sus- * In the Senate not even two-thirds of the members can force a measure to its passage without allowing debate, the Senate rules not recognizing the above mo- tions. In the House, where each speaker can occupy the floor one hour, any of these motions to cut off debate can be adopted by a mere majority, but practi- cally they are not used until after some debate. Rule 27, §3, H. K.. expressly provides that forty minutes, twenty on each side, shall be allowed for debate when- ever the previous question is ordered on a proposition on which there has been no debate, or when the rul«»s are suspended. [See note to 22.] In ordinary societies har- mony is so essential that a two-thirds vole should be required to force the assembly to a final vote without allowing free debate. l84 RULES OF ORDER [§45 pend the fundamental right of every member of a deliberative assembly to have every ques- tion fully discussed before it is finally dis- posed 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 ma- jority 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 con- sideration 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 prin- ciples : (a) High privilege is, as a rule, incompat- ible 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 mem- ber. Questions of privilege [19] rarely arise, but when they do, they are likely to be so important that they must be allowed to inter- rupt business, and yet they cannot generally be acted upon intelligently without debate. §45] PRINCIPLES OF DEBATE 185 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 pend- ing ; 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 sus- pending a rule are not debatable. Conse- quently motions to suppress, or to limit, or to extend the limits of, debate are undebat- able, as they suspend the ordinary rules of debate. {c) Appeals made after the previous ques- tion has been ordered are undebatable, as it would be manifestly improper to permit de- bate 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 Px.econsider, an unde- batable 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 l86 RULES OF ORDER [§45 "Postpone Indefinitely" a question places it out of the power of the assembly to again take it up during that session, except by reconsid- eration, 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 pro- priety of the commitment and as to the in- structions, etc. To "Postpone to a Certain Time" prevents the consideration of the ques- tion till the specified time, except by a recon- sideration 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 as- sembly 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 ques- tions 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, how- ever, remain standing during the colloquy to show that he has the floor, and he should not §45] PRINCIPLES OF DEBATE 187 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 ques- tion 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 Motiors to Close, Limit, or Extend the Limits of I cbate 30 Amend an Undebatable Motion 33 Reconsider an Undebatable Motion 36 l88 RULES OF ORDER [§ 46 Art. VIII. Vote. PAGE 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 undebat- able, or debate has been closed by order of the assembly, the chair, immediately after stating the question, puts it to vote as de- scribed 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 mo- ment's pause, if no one rises, he should put the question to vote. If the question is de- bated 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 § 46] VOTING 189 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 con- sent ; 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 declar- ing, 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 con- tinue, "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 stand- ing, 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 an- nounces 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 190 RULES OF ORDER [§ 46 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 speci- fying 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 ;" § 4^] VOTING 191 or if there was a count, the vote would be an- nounced 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 ques- tion ?" In announcing a vote the chair should state .first whether the motion is carried or lost; second, what is the efifect, 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 de- liberative assemblies is the neglect of the chair to keep the assembly well informed as to what is the pending business. The habit of an- nouncing 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 conies next before the assembly. When a quorum [64] is present, a majority vote, that is a majority of the votes cast, ig- noring blanks, is sufficient for the adoption of any motion that is in order, except those men- tioned 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 192 RULES OF ORDER [§ 46 motion is lost, and the chair, if a member of the assembly, may vote to make it a tic unless the vote is by ballot. The chair cannot, how- ever, 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 deci- sion 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 prin- ciple that the decision of the chair can be re- versed 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 dele- gate 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 ques- tion 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 sus- pending or expelling them. By simply includ- ing the names of all the members, except those I § 46] VOTING 193 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 mem- bers 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 afiPecting 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 dis- posed 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 mem- ber's objecting when the chair inquires if any one objects. If objection is made, a mo- tion 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 efifect 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 194 RULES OF ORDER [§ 46 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 pre- liminary 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 wath 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 per- son cast the ballot of the assembly for a cer- tain 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 assem- § 46] VOTING 195 blies 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 mem- bers 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 w^ho wish to?" and if there is no response he says, "The polls are closed," where- upon 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 mem- ber 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 "Jo' ^- son." 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 instruc- 196 RULES OF ORDER [§46 tions 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 to- gether, 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 assem- bly. 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. § 46 J VOTING 197 Yeas and Nays* 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 ques- tion in a form similar to this : "As many as are in favor of the adoption of these reso- lutions 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 com- pletion of the roll call the clerk reads the names of those who answered in the affirma- tive, and afterwards those in the negative, and then those who answered "present," that mis- * Taking a vote by yeas and nays, which has the eCfect to place on the record how each member votes, is peculiar to this country, and, while it consumes a great deal of time, is rarely useful in ordinary societies. While it can never be used to hinder business, as long as the above rule is observed, it should not be used at all in a mass meeting, or in any other assembly whose members are not responsible to a constituency. By the Constitu- tion, one-fifth of the members present can. in either house of Congress, order a vote to be taken by yeas and nays. In representative bodies this method of voting is very useful, especiallv where the proceedings are pub- lished, as it enables the people to know how their repre- sentatives voted on important measures. If there is no legal or constitutional provision for the yeas and nays being ordered bv a minority in a re|>reseiitative Ijody, they should adopt a rule allowing the yeas and nays to be ordered bv a one-fifth vote, as in Congress, or even by a much smaller number. In some small bodies a vote on a resolution must be taken by yeas and nays, upon the demand of a single member. 198 RULES OF ORDER [§46 takes may be corrected ; he then gives the num- ber 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 nega- tive, 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 gen- eral (unanimous) consent until some one ob- jects. 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 ap- proving the minutes, the chair inquires if there are any corrections, and, if one is suggested, it is made: when no correction [or no further § 46] VOTING 199 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 assem- bly 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 en- closed 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 200 RULES OF ORDER [§ 4^ 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 com- bined. 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 § 4/] VOTES THAT ARE NULL 201 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 meet- ings, and no one can be present without their consent. But in many societies of the kind mentioned the busi- ness 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 con- flicts v/ith 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 ab- sentees cannot be suspended informally by general consent, or formally by a unanimous vote, as the absentees have not given their con- sent. For instance, a rule requiring the giv- 202 RULES OF ORDER [§48 ing of a specified notice of certain motions, as an amendment of the by-laws, cannot be suspended by general consent or by a unani- mous vote. When a vote is required to be taken by ballot, the object is to enable mem- bers 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 com- pelled 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 re- quire 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 Ma- jority Vote. Majority Vote. Any legiti- mate motion not included among those men- tioned below as requiring more than a ma- jority 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 §48] MORE THAN A MAJORITY VOTE 203 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 pro- tect the rights of absent members, or the right to a secret vote. In the former case the con- sent 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 sev- eral candidates one of whom receives a ma- jority 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, 204 RULES OF ORDER [§48 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 ex- tended, 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 mem- bers 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 pre- viously adopted ; or prevents the introduction of a question for consideration; or closes, or limits, or extends the limits of debate; or § 48] MORE THAN A MAJORITY VOTE 205 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.* Amend (Annul, Repeal, or Rescind) any part of the Constitution, By-lazvs, or Rules of Order, previously adopted; it also requires preznous notice 68 Amend or Rescind a Standing Rule, a Pro- gram 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 * The U. S. Constitution requires a two-thirds vote of both Houses to pass a resolution proposing an amend- ment to the Constitution, to pass a vetoed bill, or to remove political disabilities; a two-thirds vote of either House to expel a member ; and a vote of two-thirds of the Senators present to ratify a treaty or convict on an impeachment. The House requires a two-thirds vote to suspend the rules, but is obliged to allow a majority to order the previous question or to limit debate, as other- wise its business could never be transacted. Still, a bill cannot be passed without at least forty minutes of debate, as that is allowed after the suspension of the rules or the previous question has been ordered. [See foot note to 44.] 206 RULES OF ORDER [§49 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 Com- mittees 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, cer- tain 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 § 50] BOARDS AND EXECUTIVE COMMITTEE 207 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 essen- tially small deliberative assemblies, subordi- nate 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 ap- pointed by organizations that meet only an- nually or quarterly. With such an organiza- tion 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 So- ciety, except that the subordinate body cannot modify any action taken by its superior. 1 he Executive Committee should be small and the 208 RULES OF ORDER [§ 50 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 commit- tees 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 de- liberative assembly with a chairman and a secretary, whom they elect if they are not ap- pointed by the society. Frequently the by-laws of the society make its president and its cor- responding, 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 rec- ognition by the chair before speaking or mak- § 50] BOARDS AND EXECUTIVE COMMITTEE 209 ing 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 do- ings 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 pro- ceedings 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 in- serted, 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 210 RULES OF ORDER [§ 5i 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 com- mittees contain some members who are mem- bers by virtue of their office, and, therefore, are termed ex-officio members. When such a member ceases to hold the office his member- ship 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 com- mittees, in which case it is evidently the in- tention 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 vir- tue 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 1 all the privileges, including the right to vote, ' §52] COMMITTEES 211 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 com- mittees. 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" con- sisting of the entire assembly. [For method of appointing committees of the whole, see 55 ; other committees, see Commit, 32.] Com- mittees of the whole are not used much except in legislative bodies, and when the word com- mittees 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 pre- siding 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 ap- pointed 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 212 RULES OF ORDER [§ 52 papers or matter referred to it, and such in- structions 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 usu- ally acts as secretary, but in large ones and in all standing committees, it is customary to elect a secretary, who keeps a brief memo- randum 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 de- liberations of the committee no one has a right to be present, except members of the com- mittee. 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 § 52] COMMITTEES 213 question, nor does he leave the chair to speak or make motions, nor are motions seconded. These formaHties 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 w^ork of the committee. In order that the as- sembly 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 re- quire 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 as- sembly, 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 nu- merous it is better to write out a substitn.te and submit it. If a resolution is referred to a com- 214 RULES OF ORDER [§ 52 mittee while a motion to postpone indefinitely is pending, only the resolution is referred to the committee, the motion to postpone in- definitely 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 en- tirely through, and then read by paragraphs, the chairman pausing after each paragraph, and asking : "Are there any amendments pro- posed 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 substi- tuting or inserting new ones, or by substitut- ing an entirely new paper for it. If there is a preamble it is considered last. When the en- tire paper has been amended to suit the com- mittee, they should adopt it as their report, and direct the chairman or some other member to report it to the assembly. When com- mittees are appointed to investigate, or to re- port upon, certain matters, the report should close with, or be accompanied by, formal reso- lutions covering all recommendations, so that when their report is made no motion is neces- sary except to adopt the resolutions. § 52] COMMITTEES 21$ If the report is written in this form, "Your commit- tee are of the opinion that Mr. A's bill should be paid," there might be some doubt as to the effect of the adop- tion 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 ad- journed 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 re- sponsibility 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 com- mencing in a style similar to this: *'The com- mittee 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 Httle 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 per- son though written and signed by only one. 2l6 RULES OF ORDER [§ 52 The signature may be preceded by the words, "Respectfully submitted," but it is not neces- sary. Usually the report is not dated or ad- dressed, 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 re- ceived. 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 mo- tion to substitute it for the report of the com- mittee. Whether the views of the minority are read or not, any one can move to substi- tute the resolutions they recommend for those recommended by the committee. Where the minority cannot agree, each member may sub- §52] COMMITTEES 21/ mit his views separately. In some cases a member agrees to the report with a single ex- ception, 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 report* 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 mem- ber. If a committee is appointed from dif- ferent sections of the country with the expec- tation that its work will be done by cor- respondence, its report can contain only what is agreed to by a majority of the mem- bers. 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 * In Congress nothing can be "the report of the com- mittee but what has been agreed to in committee actually assembled," so that a report signed by a majority of a committee acting separately was ruled out. In some societies, however, it is often impracticable to have regu- lar committee meetings with a majority present. 2l8 RULES OF ORDER [§ 52 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 oc- curred during the deliberations of the com- mittee, unless it is by a report of the committee or by general consent. When a special com- mittee 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 chair- man (or some member who is more familiar with the subject) make its report to the as- sembly. A special committee ceases to exist as soon as the assembly receives its report. When a committee adjourns without appoint- ing a time for the next meeting, it is con- sidered as having adjourned at the call of the chair, so that all the meetings of a special committee constitute one session. A meeting o-f 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) § 52] COMMITTEES 219 that absent members should be notified of the adjourned meeting. A standing committee is either wholly, or partially, elected at each annual meeting in ordinar}^ 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 com- mittee 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 dis- charged, the chairman of the committee re- turns 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 as- 220 RULES OF ORDER [§ 53 semblies, or in those doing a great deal of business, committees are of the utmost im- portance. When a committee is properly se- lected, in nine cases out of ten its action de- cides 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 un- represented on the committee. The appoint- ment 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 ar- rival of the time for these reports, the chair calls for the reports of such officers and stand- ing committees as are required to make re- ports, in the order in which they are arranged in the rules ; after which he calls for the re- ports 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 § 53 I RECEPTION OF REPORTS 221 and hands it to the presiding officer, or the sec- retary, and, when necessary, moves its adop- tion 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 re- port 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 pro- ceed, whereupon he reads the report and hands it to the chairman and makes the proper mo- tion 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 re- quires 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 gen- eral consent. Usually no motions are made or votes taken in regard to receiving reports, 222 RULES OF ORDER [§ 53 these matters being all settled informally by general consent. If the report is a final one, when the assem- bly 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 spe- cial committee, it ceases to exist. If the report is only a partial one the committee is not dis- charged unless the assembly so votes. If the subject is recommitted the committee is re- vived (unless the reference is to another com- mittee), 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 cus- tomary to receive such a report immediately after receiving the report of the committee. In such case the reporting member should no- tify the assembly that the views of the mi- nority 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 infor- mation. They cannot be acted upon unless it is moved to substitute them for the commit- tee's report, or rather to substitute the recom- mendations 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 § 54] ACCEPTANCE OF REPORTS 223 the fact that it has been read shows that it has been already received by the assembly. An- other 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. \\'hen the report of a committee has been re- ceived, that is, has been presented to the as- sembly and either read or handed to the chair or the secretary, the next business in order is the disposal of the report, the proper disposi- tion 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 mo- tion 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 re- port," 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 ac- curacy 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 224 RULES OF ORDER '[§ 54 chair, without any motion, should say it is referred to the auditing committee or audi- tors, 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 recommenda- tions 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 recom- mendations. (3) If the report concludes with a reso- lution 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 resolu- tion 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 fol- lows : (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 reso- § 54] ACCEPTANCE OF REPORTS 225 lution. 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 cer- tain time, the question should be on the post- ponement, and, if that is lost, then on the resolution. (d) If the committee reports back a resolu- tion or paper with amendments, the reporting member reads only the amendments with suf- ficient of the context to make them understood and then moves their adoption. The chair- man, after stating the question on the adoption of the amendments, calls for the reading of the first amendment, after which it is open for debate and amendment. A vote is then taken on adopting this amendment, and the next is read, and so on till the amendments are adopted or rejected, admitting amendments to the committee's amendments, but no others. When through with the committee's amend- ments, the chairman pauses for any other amendments to be proposed by the assembly ; 226 RULES OF ORDER [§ 54 and when these are voted on he puts the ques- tion on agreeing to, or adopting, the paper as amended, unless, in a case like revising the by-laws, they have been already adopted. By suspending the rules [22], or by general con- sent, a report can be at once adopted without following any of the above routine. If the amendments do not call for debate or amendment, as when reported from the committee of the whole, where they have been already discussed, the chair puts a single ques- tion on all the committee's amendments except those for which a member asks a separate vote, thus : "As many as are in favor of adopting the amendments recommended by the committee, except those for which a separate vote has been asked, say aye; those opposed say no." He then takes up the remaining amendments separately in their order. {e} If the committee reports back a reso- lution with a substitute which it recommends for adoption, the chair states the question on the substitute, if there were no amendments pending when the resolution was committed. If, however, amendments were pending when the resolution was committed, the chair first states the questions on those pending amend- ments, and when they are disposed of he states the question on the substitute. In either case the substitute is treated like any other substi- tute motion, the resolution being first perfected bv amendments and then the substitute resolu- § 54] ACCEPTANCE OF REPORTS 227 tion. After both have been thus perfected the question is put on the substitution, and finally on the resolution. If the substitute is lost the resolution is open to amendments proposed by members. (/) If the report is of a nomination committee no vote should be taken, any more than if a member had made the nominations. (g) If the report is from the membership com- mittee, the chair at once states the question on the reception as members of the candidates recommended by the committee. A partial report of a committee is treated the same as the final report. If it reports prog- ress only, without recommendations or com- clusions, it is treated as any other report for information, and no action need be taken. But, if the partial report recommends action, then the question is to be put on adopting the re- port, or its recommendations, or the resolu- tions, the same as if it were the final report. While it is customary in ordinary societies to make and second a motion to accept or adopt a committee's report, yet if the motion is not made and the chair deems it best to have a vote taken on the question, he may state the appropriate question without waiting for a motion, accepting the submission of the report by a committee as equivalent to moving the adoption of the appropriate motion for dis- posing of it, just as is the case when one offers a resolution. To wait to see if two members are in favor of a proposition which at least 228 RULES OF ORDER [§54 two have signed, or authorized the chairman, or reporting member, to sign, would appear useless. In ordinary societies the chairman of the assembly usually knows better than the reporting member how the business should be managed, especially if a resolution is reported with many amendments. However, unless the assembly is accustomed to having its chairman put the proper questions on the report with- out any formal motion, it is better for the reporting member to move the "adoption" of the resolutions or recommendations, as that is generally understood. When the chair has stated the question on the adoption of the recommendations or reso- lutions, or of the report, the matter under con- sideration is open to debate and amendment, and may have applied to it any of the subsidi- ary motions, like other main questions. Its consideration cannot be objected to if the mat- ter was referred to the committee. While the report of the committee or its resolutions may be amended by the assembly, these amend- ments only afifect that which the assembly adopts, as the assembly cannot in any way change the committee's report. For example: A committee expresses the opinion that Mr. A has no right to commit a certain act, and the assembly strikes out this statement from the report before adopting it. This does not alter the report, but, when the assembly adopts the report, this statement is § 55] COMMITTEE OF THE WHOLE 229 not adopted. So with a recommendation or a resolution : the assembly may strike out or add one or more recommendations or resolutions before adopting, but that does not alter the committee's report. If the proceedings are pub- lished, the committee's report should be printed exactly as it was submitted with the amend- ments printed below ; or, still better, all words struck out should be enclosed in brackets and all words inserted should be printed in italics, and a note to that effect inserted at the beginning. While the motions to adopt, to accept, etc., are often used indiscriminately, and the adop- tion of any one of them has the eft'ect of en- dorsing or adopting the opinions, actions, recommendations, or resolutions submitted by the committee, as the case may be, yet it is better to use them as heretofore stated. If only one term is used, the word ''adopt" is preferable, as it is least liable to be mis- understood. 55. Committee of the Whole. When an assembly has to consider a subject which it does not wish to refer to a committee, and yet where the subject matter is not well digested and put into proper form for its definite ac- tion, or when, for any other reason, it is de- sirable for the assembly to consider a subject with all the freedom of an ordinary committee, it is the practice to refer the matter to the "Committee of the Whole." If it is desired to 230 RULES OF ORDER [§ 55 consider the question at once, the motion is made, "That the assembly do now resolve it- self into a committee of the whole, to take under consideration," etc., or, "That we go into committee of the whole to consider," etc., specifying the subject. This is really a motion to "commit." [See 32 for its order of prece- dence, etc.] If adopted, the chairman imme- diately calls another member to the chair, and takes his place as a member of the committee. The committee is under the rules of the as- sembly, excepting as stated hereafter in this section. The only motions in order are to amend and adopt, and that the committee "rise and re- port," as it cannot adjourn ; nor can it order the "yeas and nays." An appeal from the decision of the chair can be made, and it must be voted on directly, as it cannot be laid on the table or postponed, those motions not being allowed in committee of the whole. Each member can speak only once on the appeal. The only way to close or limit debate in com- mittee of the whole is for the assembly, before going into committee of the whole, to vote that the debate in committee shall cease at a certain time, or that after a certain time no debate shall be allowed, excepting on new amend- ments, and then only one speech in favor of and one against it, of, say, five minutes each; or in some other way to regulate the time for debate. §55] COMMITTEE OF THE WHOLE 23I If no limit is prescribed, any member may speak as often as he can get the floor, and as long each time as is allowed in debate in the assembly, but he cannot speak a second time provided a member wishes the floor who has not spoken on that particular question. De- bate having been closed at a particular time by order of the assembly, the committee has not the power, even by unanimous consent, to ex- tend the time. The committee cannot refer the subject to another committee. Like other committees, it cannot alter the text of any resolution referred to it; but if the resolution originated in the committee, then all the amendments are incorporated in it. When tjie committee is through with the consideration of the subject referred to it, or if it wishes to adjourn, or to have the assem- bly limit debate, a motion is made that "the committee rise and report," etc., specifying the result of its proceedings. The motion to "rise" is equivalent to the motion to adjourn in the assembly, and is always in order (except while voting or when another member has the floor), and is undebatable and cannot be amended. As soon as this motion is adopted the presiding officer takes the chair, and the chairman of the committee, having resumed his place in the assembly, rises, addresses the chair, and says: "The Committee of the Whole has had under consideration (here he describes the resolution or other matter) and 232 RULES OF ORDER [§ 55 has directed me to report the same with (or without, as the case may be) amendments," provided the committee has concluded its busi- ness. If the committee has failed to come to a conclusion, strike out of the report all after "and has" and insert "come to no conclusion thereon." If no amendments are reported, the chair at once states the question on the resolution or other matter referred to the com- mittee. If amendments are reported the re- porting member reads them, and hands the paper to the chair, who reads, and states and puts the question on the amendments as a whole, unless a member asks for a separate vote on one or more amendments, in which case a single vote is taken on all the other amendments, and then the question is stated separately on each of the amendments for which a separate vote was asked. The amend- ments may be debated and amended. The secretary does not record in the minutes the proceedings of the committee, but should keep a memorandum of the proceedings for its use. In large assemblies the secretary va- cates his chair, which is occupied by the chair- man of the committee, and the assistant sec- retary acts as secretary of the committee. Should the committee become disorderly, and the chairman be unable to control it, the pre- siding officer should take the chair and de- clare the committee dissolved. The quorum of the committee of the whole is the same as § 56] COMMITTEE OF THE WHOLE 233 that of the assembly [64]. If the committee finds itself without a quorum, it can only rise and report the fact to the assembly, which in such case must adjourn. In large assemblies, such as the U. S. House of Representatives, where a member can speak to any question only once, the committee of the whole seems almost a necessity, as it allows the freest discussion of a subject, while at any time it can rise and thus bring into force the strict rules of the assembly. In small as- semblies it is usually more convenient to sub- stitute for it either the ''Quasi (as if in) Com- mittee of the Whole," as used in the U. S. Senate, or ''Informal Consideration," as fre- quently used in ordinary societies. These are explained in the next two sections. 56. As if in (or Quasi) Committee of the Whole is used in the U. S. Senate instead of the committee of the whole, and is more convenient in small assemblies. The motion should be made in a form similar to this: "I move that the resolution be considered as if in committee of the whole." This being adopted, the question is open to debate and amendment with all the freedom of the committee of the whole. The presiding officer, however, retains the chair, instead of appointing a chairman as is done when the assembly goes into committee of the whole. If any motion is adopted, ex- cept an amendment, it puts an end to the quasi committee of the whole. Thus, the motion to 234 RULES OF ORDER [§ 57 commit is equivalent to the following motions when in committee of the whole: (1) That the committee rise ; (2) that the committee of the whole be discharged from the further con- sideration of the subject; and (3) that it be referred to a committee. When the assembly has finished amending the proposition under consideration, without' further motion the chairman announces that, 'The assembly, act- ing as if in committee of the whole, has had such subject under consideration, and has made certain amendments," which he then re- ports. The subject comes before the assembly then as if reported by a committee, the chair stating the question on the amendments as de- scribed at the close of the previous section un- der committee of the whole. The secretary should keep a memorandum of the proceed- ings while acting as if in committee of the whole, but it should not be entered in the min- utes, being only for temporary use. The chair- man's report to the assembly should be en- tered in the minutes, as it belongs to the as- sembly's proceedings. 57. Informal Consideration. In ordinary societies the meetings of which are not large, instead of going into committee of the whole, or considering questions as if in committee of the whole, it is more usual to consider the question informally. The motion is made •thus: "I move that the question be consid- ered informally." The effect of the adoption § 5/] INFORMAL CONSIDERATION 235 of this motion is to open the main question and any amendments that may be proposed, to free debate as if in committee of the whole. No member can speak the second time to the same question as long as a member who has not spoken desires the floor. This informal con- sideration applies only to the main question and its amendments, so that any other motion that is made is under the regular rules of debate. While considering a question inform- ally the assembly by a two-thirds vote may limit the number or length of speeches, or in any other way limit or close the debate. While the consideration of the main question and its amendments is informal, all votes are formal, the informality applying only to the number of speeches allowed in debate. The instant the main question is disposed of temporarily, or permanently, the informal consideration automatically ceases without any motion or vote. If the question is considered in either the regular committee of the whole or the quasi committee of the whole, it is necessary formally to report the action to the assembly and then take action on the report. Thus. it will be seen that informal consideration is much simpler than either of the methods described in the previous two sections. It can be used to advantage in assemblies that are not very large, instead of the committee of the whole. While this is not a motion to commit, yet it is used for practically the same pur- pose as the committee of the whole. It ranks just below the motion ''to consider as if in committee of the whole," which is just below "to go into committee of the whole." 236 RULES OF ORDER [§58 Art. X. The Officers and the Minutes. PAGE 58. Chairman or President 236 59. Secretary or Clerk 244 60. The Minutes 247 61. Executive Secretary 250 62. Treasurer 251 58. Chairman or President. The presid- ing officer, when no special title has been as- signed him, is ordinarily called the Chairman, or the President, or, especially in religious as- semblies, the Moderator. In organized so- cieties the constitution always prescribes his title, that of President being most common. In debate he is referred to by his official title and is addressed by prefixing Mr. or Madam, as the case may be, to that title. In referring to himself he should never use the personal pro- noun ; he generally says, "the chair," which means the presiding officer of the assembly, regardless of whether his position is perma- nent or temporary. If his position is only temporary he is called the chairman. His duties are generally as follows : To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in w^hich it is to be acted upon [65] ; to recognize members entitled to the floor [3] ; to state [6] and to put to vote [9] all questions which are regu- § 58] CHAIRMAN OR PRESIDENT 237 larly moved, or necessarily arise in the course of the proceedings, and to announce the result of the vote; to protect the assembly from an- noyance from evidently frivolous or dilatory motions by refusing to recognize them [40] ; to assist in the expediting of business in every way compatible with the rights of the mem- bers, as by allowing brief remarks when unde- batable motions are pending, if he thinks it advisable; to restrain the members when en- gaged in debate, within the rules of order; to enforce on all occasions the observance of or- der and decorum among the members, decid- ing all questions of order (subject to an appeal to the assembly by any two members) unless when in doubt he prefers to submit the ques- tion for the decision of the assembly [21] ; to inform the assembly, when necessary, or when referred to for the purpose, on a point of order or practice pertinent to pending business ; to authenticate, by his signature, when necessary, all the acts, orders, and proceedings of the assembly declaring its will and in all things obeying its commands. In case of fire, riot, or very serious disorder, or other great emergency, the chair has the right and the duty to declare the assembly ad- journed to some other time (and place if necessary), if it is impracticable to take a vote, or in his opinion, dangerous to delay for a vote. The chairman should rise to put a question 238 RULES OF ORDER [§ 58 to vote, except in very small assemblies, such as boards or committees, but may state it sit- ting; he should also rise from his seat (with- out calling any one to the chair) when giving his reasons for his decision upon a point of order, or when speaking upon an appeal, which he can do in preference to other mem- bers. During debate he should be seated and pay attention to the speaker, who is required to address his remarks to the presiding officer. He should always refer to himself as "the chair," thus, ''The chair decides," etc., not "I decide," etc. When a member has the floor, the chairman cannot interrupt him excepting as provided in 3, so long as he does not trans- gress any of the rules of the assembly. If a member of the assembly, he is entitled to vote when the vote is by ballot (but not after the tellers have commenced to count the ballots), and in all other cases where the vote would change the result. Thus, in a case where a two-thirds vote is necessary, and his vote thrown with the minority would prevent the adoption of the question, he can cast his vote; so, also, he can vote with the minority when it will produce a tie vote and thus cause the motion to fail; but he cannot vote twice, first to make a tie, and then to give the casting vote. Whenever a motion is made referring to the chairman only, or which compliments or condemns him with others, it should be put to vote by the Vice President if in the room, or § 58] CHAIRMAN OR PRESIDENT 239 by the Secretary, or on their failure to do so, by the maker of the motion. The chair should not hesitate to put the question on a motion to appoint delegates or a committee on account of his being included. The chairman cannot close debate unless by order of the assembly, which requires a two- thirds vote; nor can he prevent the making of legitimate motions by hurrying through the proceedings. If members are reasonably prompt in exercising their right to speak or make motions, the chair cannot prevent their doing so. If he has hurriedly taken and an- nounced a vote while a member is rising to address the chair, the vote is null and void, and the member must be recognized. On the other hand the chairman should not permit the object of a meeting to be defeated by a few factious persons using parliamentary forms with the evident object of obstructing business. In such a case he should refuse to entertain the dilatory or frivolous motion, and, if an appeal is taken, he should entertain it, and, if sustained by a large majority he may after- wards refuse to entertain even an appeal made by the faction when evidently made merely to obstruct business. But the chair should never adopt such a course merely to expedite busi- ness, when the opposition is not factious. It is only justifiable when it is perfectly clear that the opposition is trying to obstruct busi- ness. [See Dilatory Motions, 40]. 240 RULES OF ORDER [§ 58 If it is necessary for the chairman to vacate the chair the first Vice President, if there is one, should take the chair, and in his absence the next one in order should take it. If there is no vice president in the hall, then the chair- man may, if it is necessary to vacate the chair, appoint a chairman pro tent., but the first ad- journment puts an end to the appointment, which the assembly can terminate before, if it pleases, by electing another chairman. But the regular chairman, knowing that he will be absent from a future meeting, cannot author- ize another member to act in his place at such meeting ; the secretary, or, in his absence, some other member should in such case call the meeting to order, and a chairman pro tern, be elected who would hold office during that ses- sion, unless such office is terminated by the entrance of the president or a vice president, or by the election of another chairman pro tern., which may be done by a majority vote. The chairman sometimes calls a member to the chair and takes part in the debate. This should rarely be done, and nothing can justify it in a case where much feeling is shown and there is a liability to difficulty in preserving order. If the chairman has even the appearance of being a partisan, he loses much of his ability to control those who are on the opposite side of the question. There is nothing to justify the un- fortunate habit some chairmen have of constantly speaking on questions before the assembly, even interrupting the member who has the floor. One who expects to take an active part in debate should never accept the chair, or at least should not resume the chair, after having made his speech, until after the §58] CHAIRMAN OR PRtlSIDENT 24 1 pending question is disposed of.* The presiding oflficer of a large assembly should never be chosen for any reason except his ability to preside. The chairman should not only be familiar with parliamentary usage, and set the example of strict conformity thereto, but he should be a man of execu- tive ability, capable of controlling men. He should set an example of courtesy, and should never forget that to control others it is necessary to control one's self. A nervous, excited chairman can scarcely fail to cause trouble in a meeting. No rules will take the place of tact and common sense on the part of the chairman. While usually he need not wait for motions of routine, or for a motion to be seconded when he knows it is favored by others, yet if this is objected to. it is safer instantly to require the forms of parlia- mentary law to be observed. By general consent many things can be done that will save much time [see page 202], but where the assembly is very large, or is divided and contains members who are habitually raising points of order, the most expeditious and safe course is to enforce strictly all the rules and forms of parliamentary law. He should be specially careful after every motion is made and every vote is taken to announce the next business in order. Whenever an improper motion is made, instead of simply ruling it out of order, it is well for the chairman to suggest how the desired object can be accomplished. [See "Hints to Inexperienced Chairman" below.] The by-laws sometimes state that the president shall appoint all committees. In such case the assembly * •'Though the Speaker (Chairman) may of right speak to matters of order and he first heard, he is restrained from speaking on any other subject except where the House have occasion for facts within his knowledge : then he may, with their leave, state the matter of fact." [Jefferson's Manual, sec. XVII.] "It is a general rule in all deliberative assemblies, that the presiding officer shall not participate in the debate, or other proceedings, in any other capacity than as such officer. He is only allowed, therefore, to state matters of fact within his knowledge ; to inform the asseml)ly on points of order or the course of proceeding, when called upon for that purpose, or when he finds it necessary to do so ; and, on appeals from his decision ou questions of order, to address the assembly in debate. [Cushing's Mauual, §202.] 242 RULES OF ORDER [§58 may authorize committees, but cannot appoint or nominate them. The president, however, cannot ap- point any committees except those authorized by the by-laws or by a vote of the assembly. Sometimes the by-laws make the president ex-officio a member of every committee. Where this is done he has the rights of other members of the committees but not the obli- gation to attend every committee meeting. [See 51.] A chairman will often find himself perplexed with the difficulties attending his position, and in such cases he will do well to remember that parliamentary law was made for deliberative assemblies, and not the assemblies for parliamentary law. This is well ex- pressed by a distinguished EngHsh writer on parlia- mentary law, thus : "The great purpose of all rules and forms is to subserve the zi'ill of the assembly rather than to restrain it; to facilitate, and not to obstruct, the expression of their deliberative sense." Additional Duties of the President of a Society, and the Vice Presidents. In addition to his duties as presiding officer, in many societies the president has duties as an administrative or executive officer. Where this is desired, the by-laws should clearly set forth these duties, as they are outside of his duties as pre- siding officer of the assembly, and do not come within the scope of parliamentary law. The same is true of vice presidents. Sometimes they have charge of different departments of work, and they should be chosen with those duties in view as prescribed by the by-laws. It must not be forgotten that in the case of the absence of the president the first vice president must preside, and in case of the illness or resignation or death of the president that the first vice president becomes president for the unex- pired term, unless the rules specify how vacancies shall be filled. In such case the second vice president becomes the first, and so on. It is a mistake to elect a vice president who is not competent to perform the duties of president. Hints to Inexperienced Chairmen. While in the chair, have beside you your Constitution, By-laws, and Rules of Order, which should be studied until you are perfectly familiar with them. You cannot tell the moment you may need this knowledge. If a member §581 CHAIKXAN OR PRESIDENT 243 asks what motion to make in order to attain a cer- tain object, you should be able to tell him at once. [10.] You should memorize the list of ordinary motions arranged in their order of precedence [page 7], and should be able to refer to the Table of Rules [page 8] so quickly that there will be no delay in deciding all points contained in it. Become familiar \vith the first ten sections of these Rules; they are simple, and will enable you more quickly to master parliamentary law. Read carefully sections 69-71, so as to become accustomed to the ordinary methods of conducting business in deliberative assemblies. Notice that there are different w^ays of doing the same thing, all of which are allowable. You should know all the business to come regularly before the meeting, and call for it in its regular order. Have with you a list of members of all committees, to guide you in nominating new committees. When a motion is made, do not recognize any mem- ber or allow any one to speak until the motion is seconded and you have stated the question; or, in case of there being no second and no response to your call for a second, until you have announced that fact ; except in case of a main motion before it is seconded or stated some one rises and says he rises to move a reconsideration, or to call up the motion to reconsider, or to move to take a question from the table. In any of these cases you should recognize the interrupting member as entitled to the floor [3]. If you have made a mistake and assigned the floor to the wrong person, or recognized a motion that was not in order, correct the error as soon as your attention is called to it. So, when a vote is taken, announce the result and also what question, if any, is then pending, before recogniz- ing any member that addresses the chair. Never w^ait for mere routine motions to be seconded, when you know no one objects to them. [See 8.] If a member ignorantly makes an improper motion, do not rule it out of order, but courteously suggest the proper one. If it is moved "to lay the question on the table until 3 p. m.," as the motion is improper, ask if the intention is "to postpone the question to 3 p. m. ;" if the answer is yes, then state that the question is on the postponement to that time. If it is moved simply 244 RULES OF ORDER [§ 59 "to postpone the question," without stating the time, do not rule it out of order, but ask the mover if he wishes "to postpone the question indefinitely" (which kills it), or "to lay it on the table" (which enables it to be taken up at any other time) ; then state the question in accordance with the motion he intended to make. So, if after a report has been presented and read, a member moves that "it be received," ask him if he means to move "its adoption" (or "acceptance," which is the same thing), as the report has been already received. No vote should be taken on receiv- ing a report, which merely brings it before the assem- bly, and allows it to be read, unless some one objects to its reception. The chairman of a committee usually has the most to say in reference to questions before the committee ; but the chairman of an ordinary deliberative assembly, especially a large one, should, of all the members, have the least to say upon the merits of pending questions. Never interrupt members while speaking, simply because you know more about the matter than they do; never get excited; never be unjust to the most troublesome member, or take advantage of his igno- rance of parliamentary law, even though a temporary good is accomplished thereby. Know all about parliamentary law, but do not try to show off your knowledge. Never be technical, or more strict than is absolutely necessary for the good of the meeting. Use your judgment; the assembly may be of such a nature through its ignorance of parliamentary usages and peaceable disposition, that a strict enforcement of the rules, instead of assisting, would greatly hinder business ; but in large assemblies, where there is. much work to be done, and especially where there is liability to trouble, the only safe course is to require a strict observance of the rules. 59. Secretary, or Clerk. The recording officer is variously called Clerk, or Secretary, or Recording Secretary (where there is also a Corresponding Secretary), or Recorder, or Scribe, etc. The secretary is the recording § 59] SECRETARY OR CLERK 245 officer of the assembly and the custodian of its records except such as are specifically as- signed to others, as the treasurer's books. These records are open, however, to inspection by any member at reasonable times, and where a committee needs any records of a society for the proper performance of its duties, they should be turned over to its chairman. The same principle applies in boards and com- mittees, their records being accessible to mem- bers of the board or committee, as the case may be, but to no others. In addition to keeping the records of the society and the minutes of the meetings, it is the duty of the secretary to keep a register, or roll, of the members and to call the roll when required ; to notify officers, committees, and delegates of their appointment, and to furnish committees with all papers referred to them, and delegates with credentials ; and to sign with the president all orders on the treas- urer authorized by the society, unless other- wise specified in the by-laws. He should also keep one book in which the constitution, by- laws, rules of order, and standing rules should all be written, leaving every other page blank ; and whenever an amendment is made to any of them, in addition to being recorded in the minutes it should be immediately entered on the page opposite to the article amended, with a reference, in red ink, to the date and page of the minutes where it is recorded. 246 RULES OF ORDER [§ 59 In addition to the above duties, when there is only one secretary, it is his duty to send out proper notices of all called meetings, and of other meetings when necessary, and to con- duct the correspondence of the society, except as otherwise provided. Where there is a Cor- responding Secretary these duties devolve on him, as well as such others as are prescribed by the by-laws. The by-laws should always clearly define the additional duties of the cor- responding secretary if any are to be imposed on him. When the word ''secretary" is used it always refers to the recording secretary if there is more than one. The secretary should, previous to each meet- ing, for the use of the chairman, make out an order of business [65], showing in their exact order what is necessarily to come before the assembly. He should also have, at each meet- ing, a list of all standing committees, and such special committees as are in existence at the time, as well as the by-laws of the organization and its minutes. His desk should be near that of the chairman, and in the absence of the chairman (if there is no vice president pres- ent), when the hour for opening the session arrives, it is his duty to call the meeting to order, and to preside until the election of a chairman pro tern., which should take place immediately. He should keep a record of the proceedings, stating what was done and not what was said, unless it is to be published, §6o] THE MINUTES 247 and never making criticisms, favorable or otherwise, on anything said or done. This record, usually called the minutes, is kept as explained in the next section. When a com- mittee is appointed, the secretary should hand the names of the committee, and all papers referred to it, to the chairman of the com- mittee, or some other of its members. He should indorse on the reports of commit- tees the date of their reception, and what further action was taken upon them, and pre- serve them among the records, for which he is responsible. It is not necessary to vote that a report be ''placed on file," as that should be done without a vote, except in or- ganizations that habitually keep no records except their minutes and papers ordered on file. 60. The Minutes. The record of the proceed- ings of a deliberative assembly is usually called the Minutes, or the Record, or the Journal. The essen- tials of the record are as follows: (a) the kind of meeting, "regular" (or stated) or "special," or "ad- journed regular" or "adjourned special"; (b) name of the assembly; (c) date of meeting and place, when it is not always the same; (d) the fact of the presence of the regular chairman and secretary, or in their absence the names of their substitutes; (e) whether the minutes of the previous meeting were approved, or their reading dispensed with, the dates of the meetings being given when it is customary to occasionally trans- act business at other than the regular business meet- ings ; (/) all the main motions (except such as were withdrawn) and points of order and appeals, whether sustained or lost, and all other motions that were not lost or withdrawn; (g) and usually the hours of meet- ing and adjournment, when the meeting is solely for business. Generally the name is recorded of the 248 RULES OF ORDER [§ 60 member who introduced a main motion, but not of the seconder. In some societies the minutes are signed by the president in addition to the secretary, and when pub- lished they should always be signed by both officers. If minutes are not habitually approved at the next meeting, then there should be written at the end of the minutes the word "Approved" and the date of the approval, which should be signed by the secretary. They should be entered in good black ink in a well- bound record-book.* The Form of the Minutes may be as follows : At a regular meeting of the M. L. Society, held in their hall, on Thursday evening, March 19, 1914, the president in the chair, and Mr. N acting as secretary, the minutes of the previous meeting were read and approved. The Committee on Applications reported the names of Messrs. C and D as applicants for membership, and on motion of Mr. F they were ad- mitted as members. The committee on reported through Mr, G a series of resolutions, which were thoroughly discussed and amended, and finally adopted, as follows : Resolved, That On motion of Mr. L the society adjourned at 10 p. m. R N Secretary. In keeping the minutes, much depends upon the kind of meeting, and whether the minutes are to be published. In the meetings of ordinary societies and of boards of managers and trustees, there is no object in reporting the debates ; the duty of the secretary, in such cases, is mainly to record what is "done" by the * In many organizations it is preferable for the secre- tary to keep his original pencil notes in a pocket memo- randum book which he carries to everj' meeting, and these original notes, as corrected, are approved and then copied into the permanent records. This plan usually results in neater records, but the original notes should be kept until they are carefully compared with the permanent records. In such case it is better to have the minutes signed by both president and secretary as a guarantee against errors in copying. § 6o] THE MINUTES 249 assembly, and not what is said by the members. He should enter the essentials of a record, as previously stated, and when a count has been ordered or where the vote is by ballot, he should enter the number of votes on each side; and when the voting is by yeas and nays he should enter a list of the names of those voting on each side. The proceedings of the commit- tee of the whole, or while acting as if in committee of the whole, should not be entered in the minutes, but the report of the committee should be entered. When a question is considered informally, the proceedings should be kept as usual, as the only informality is in the debate. If a report containing resolutions has been agreed to, the resolutions should be entered in full as finally adopted by the assembly, thus : "The committee on submitted a report with a series of resolutions which, after discussion and amendment, were adopted as follows :'' then should be entered the resolutions as adopted. Where the pro- ceedings are published, the method shown further on should be followed. If the report is of great impor- tance the assembly should order it "to be entered on the minutes," in which case the secretary copies it in full upon the record. Where the regular meetings are held weekly, monthly, or quarterly, the minutes are read at the opening of each day's meeting, and. after correction, should be approved. Where the meetings are held several days in succession with recesses during the day, the minutes are read at the opening of business each day. If the next meeting of the organization will not be held for a long period, as six months or a year, the minutes that have not been read previou.-ly should be read and approved before final adjournment. If this is impracticable, then the executive committee, or a special committee, should be authorized to correct and approve them. In this case the record should be signed as usual, and after the signatures the word "Approved," with the date and the signature of the chairman of the committee authorized to approve them. At the next meeting, six months later, they need not be read, unless it is desired for information, as it is too late to correct them intelligently. When the reading of the minutes is dispensed with tney can 250 RULES OF ORDER [§ 6l afterwards be taken up at any time when nothing is pending. If not taken up previously, they come before the assembly at the next meeting before the reading of the later minutes. With this exception the motion to dispense with reading the minutes is practically identical with the motion to lay the minutes on the table, being undebatable and requiring only a majority vote. The minutes of a secret meeting, as for the trial of a member, should not be read at a meeting that is open to the pubHc, if the record contains any of the details of the trial that should not be made public. Minutes to he Published. When the minutes are to be published, in addition to the strict record of what is done, as heretofore described, they should contain a list of the speakers on each side of every question, with an abstract of all addresses, if not the addresses in full, when written copies are furnished. In this case the secretary should have an assistant. With some annual conventions it is desired to publish the proceed- ings in full. In such cases it is necessary to employ a stenographer as assistant to the secretary. Reports of committees should be printed exactly as submitted, the minutes showing what action was taken by the assem- bly in regard to them ; or, they may be printed with all additions in italics and parts struck out enclosed in brackets, in w'hich case a note to that effect should precede the report or resolutions. In this w^ay the reader can see exactly what the committee reported and also exactly what the assembly adopted or en- dorsed. 61. The Executive Secretary is usually a salaried officer paid to give up all his time to the w^ork as executive officer, or general manager, of an organiza- tion under a board of managers and an executive committee [50]. In some organizations this officer is called Corresponding Secretary, but the title of corre- sponding secretary does not carry with it any duty except that of conducting the correspondence of the society as explained on page 246. unless it is prescribed by the by-laws. The office of the executive secretary is usually the only office of the organization, and there the Executive Committee meets and transacts its busi- ness. The board of managers in such cases is usually §62] TREASURER 25 1 large and so scattered as never to have regular meet- ings oftener than quarterly. When the organization is a national one it usually meets just before the an- nual convention, when it hears the annual report, prepared by the executive secretary and previously adopted by the executive committee, and acts upon it. The new board meets immediately after the conven- tion, and organizes, elects an executive committee and an executive secretary, when so authorized by the by- laws, and decides upon the general policy for the year, leaving the details to the executive committee and the executive secretary. The board rarely meets oftener than once or twice in addition to the meetings in connection with the annual meeting, special meetings, however, being called, when required, as provided by its by-laws. In some organizations the executive sec- retary is elected by the convention. He is usually ex-officio secretary of the executive committee. The members of the executive committee giving their time gratuitously, it is the duty of the executive secretary to prepare for the committee all business that has not been assigned to others, and to see that all its instruc- tions are carried out. He is expected to recommend plans of work and conduct the business generally, under the executive committee, and prepare the annual report, which, after being adopted by the executive committee, should be adopted by the board, whose report it is, and then be submitted to the convention. 62. Treasurer. The duties of this ofificer vary in different societies. In probably the majority of cases he acts as a banker, merely holding the funds deposited with him and pay- ing them out on the order of the society signed by the president and the secretary. He is always required to make an annual report, and in many societies he also makes a quarterly report which may be in the form given below. If the society has auditors the report should be handed to them, with the vouchers, in time 252 RULES OF ORDER [§ 62 to be audited before the meeting. The audi- tors having certified to its correctness, submit their report, and the chair puts the question on adopting it, which has the effect of approv- ing the treasurer's report, and reheving him from responsibiHty in case of loss of vouch- ers, except in case of fraud. If there are no auditors the report when made should be re- ferred to an auditing committee, who should report on it later. It should always be remembered that the financial report is made for the information of members. The details of dates and separate payments for the same object are a hindrance to its being understood, and are useless, as it is the duty of the auditing committee to ex- amine into details and see if the report is cor- rect. The best form for these financial reports depends upon the kind of society, and is best determined by examining those made in simi- lar societies. The following brief report is in a form adapted to many societies where the financial work is a very subordinate part of their work : REPORT OF THE TREASURER OF THE M. L. SOCIETY FOR THE QUARTER ENDING MARCH 31, 1914. Receipts. Balance on hand January 1, 1914 $ 25.75 Initiation fees $ 50.00 Members' dues 150.00 Fines 10.50 210.50 Total $236.25 §63] SESSION 253 Disbursements. Rent of Hall $ 80.00 Electric lights 22.00 Stationery and Printing 15.00 Repair of Furniture 10.00 Janitor 60.00 $187.00 Balance on hand March 31. 1914.. 49.25 Total $236.25 S M , Treasurer Examined and found correct. R V ) y T LA.uditing Committee. Art. XL Miscellaneous. PACE 63. Session 253 64. Quorum 257 65. Order of Business 261 66. Nominations and Elections 263 67. Constitutions. By-laws, Rules of Order. and Standing Rules 264 68. Amendments of Constitutions. Bv-laws, and Rules of Order 269 63. A Session of an assembly is a meeting which, though it may last for days, is virtually one meeting^ as a session of a convention ; or even months, as a session of Congress ; it ter- minates by an ''adjournment sine die (without day)." The intermediate adjournments from day to day, or the recesses taken during the day, do not destroy the continuit> ui the meet- ings, which in reality constitute one session. 254 RULES OF ORDER [§^3 Any meeting which is not an adjournment of another meeting commences a new session. In the case of a permanent society, whose by-laws provide for regular meetings every week, month, or year, for example, each meeting constitutes a separate session of the society, which session, however, can be prolonged by adjourning to another day. In this Manual the term Meeting is used to denote an assembling of the members of a de- liberative assembly for any length of time, during which there is no separation of the members except for a recess of a few min- utes, as the morning meetings, the afternoon meetings, and the evening meetings, of a con- vention whose session lasts for days. A *'meet- ing" of an assembly is terminated by a tempo- rary adjournment or a recess for a meal, etc. ; a "session" of an assembly ends with an ad- journment without day, and may consist of many meetings. So an adjournment to meet again at some other time, even the same day, unless it was for only a few minutes, termi- nates the meeting, but not the session, which latter includes all the adjourned meetings. The next meeting, in this case, would be an "ad- journed meeting" of the same session. In ordinary practice a meeting is closed by moving simply "to adjourn ;" the society meets again at the time provided either by the rules or by a resolution of the society. If it does not meet till the time for the next regular § 63J SESSION -^bb meeting as provided in the by-laws, then the adjournment closes the session, and was in effect an adjournment without day. If, how- ever, it had previously fixed the time for the next meeting, either by a direct vote or by adopting a program of exercise covering sev- eral meetings, or even days, in either case the adjournment is in effect to a certain time, and while closing the meeting does not close the session. In such common expressions as quarterly meeting and annual meeting the word meeting is used in the sense of the parliamentary ses- sioUf and covers all the adjourned meetings. Thus, business that legally must be done at the annual meeting may be done at any time during the session beginning at the time spe- cified for the annual meeting, though the ses- sion, by repeated adjournments, may last for days. The business may be postponed to the next regular meeting, if desired. Under Renewal of Motions [38] is ex- plained what motions can be repeated during the same session, and also the circumstances under which certain motions cannot be re- newed until after the close of the next suc- ceeding session. A rule or resolution of a permanent nature may be adopted by a majority vote at any ses- sion of a society, and it will continue in force until it is rescinded. But such a standing rule does not materially interfere with the rights 256 RULES OF ORDER [§63 of a future session, as by a majority vote it may be suspended so far as it affects that ses- sion; and, it may be rescinded by a majority vote, if notice of the proposed action was given at a previous meeting, or in the notice of the meeting ; or, without any notice, it may be rescinded by a majority of the entire mem- bership, or by a two-thirds vote. If it is desired to give greater stabiHty to a rule it is necessary to place it in the constitution, by- laws, or rules of order, all of which are so guarded by requiring notice of amendments, and at least a two-thirds vote for their adop- tion, that they are not subject to sudden changes, and may be considered as expressing the deliberate views of the whole society, rather than the opinions or wishes of any particular meeting. In case of the illness of the presiding officer the assembly cannot elect a chairman pro tern. to hold office beyond the session, unless notice of the election was given at the previous meet- ing or in the call for this meeting. So it is improper for an assembly to postpone anything to a day beyond the next succeeding session, and thus attempt to prevent the next session from considering the question. On the other hand, it is not permitted to move the recon- sideration of a vote taken at a previous session, though the motion to reconsider can be called up, provided it was made during the previous session in a society having meetings as often § 64] QUORUM 257 as quarterly. Committees can be appointed to report at a future session. Note ox Session.— In Congress, and in fact all legislative bodies, the limits of the sessions are clearly defined ; but in ordinary societies having a permanent existence, with regular meetings more or less frequent, there appears to be some confusion upon the subject. x\ny society is competent to decide what shall consti- tute one of its sessions, but. where there is no rule on the subject, the common parliamentary law would make each of its regular or special meetings a separate session, as they are regarded in this Manual. The disadvantages of a rule making a session in- clude all the meetings of an ordinary society, held during a long time, as one year, are very great. If an objection to the consideration of a question has been sustained, or if a question has been adopted, or rejected, or postponed indefinitely, the question cannot again be brought before the assembly for its consideration during the same session. If a session lasted for a long period, a temporary majority could forestall the permanent majority, and introduce and act on a number of questions favored by the major- ity, and thus prevent the society from dealing with those subjects for the long period of the session. If members of any society take advantage of the freedom allowed by considering each regular meeting a sepa- rate session, and repeatedly renew obnoxious or un- profitable motions, the society can adopt a rule prohib- iting the second introduction of any main question within, say, three months after its rejection, or in- definite postponiement, or after the society has refused to consider it. But generally it is better to suppress the motion by refusing to consider it [23]. 64. A Quorum of an assembly is such a number as must be present in order that business can be legally transacted. The quo- rum refers to the number present, not to the number voting. The quorum of a mass meet- 258 RULES OF ORDER [§ 64 ing is the number present at the time, as they constitute the membership at that time. The quorum of a body of delegates, unless the by- laws provide for a smaller quorum, is a ma- jority of the number enrolled as attending the convention, not those appointed. The quorum of any other deliberative assembly with an en- rolled membership (unless the by-laws provide for a smaller quorum) is a majority of all the members. In the case, however, of a society, like many religious ones, where there are no annual dues, and where membership is for life (unless it is transferred or the names are struck from the roll by a vote of the society) the register of members is not reliable as a list of the bona fide members of the society, and in many such societies it would be impossible to have present at a business meeting a ma- jority of those enrolled as members. Where such societies have no by-law establishing a quorum, the quorum consists of those who attend the meeting, provided it is either a stated meeting or one that has been properly called. In all ordinary societies the by-laws should provide for a quorum as large as can be de- pended upon for being present at all meet- ings when the weather is not exceptionally bad. In such an assembly the chairman should not take the chair until a quorum is present, or there is no prospect of there being a quo- rum. The only business that can be transacted § 64] QUORUM 259 in the absence of a quorum is to take meas- ures to obtain a quorum, to fix the time to which to adjourn, and to adjourn, or to take a recess. Unanimous consent cannot be given when a quorum is not present, and a notice given then is not valid. In the case of an an- nual meeting, where certain business for the year, as the election of officers, must be at- tended to during the session, the meeting should fix a time for an adjourned meeting and then adjourn. In an assembly that has the power to compel the attendance of its -members, if a quorum is not present at the appointed hour, the chair- man should wait a few minutes before taking the chair. In the absence of a quorum such an assembly may order a call of the house [41] and thus compel attendance of absentees, or it may adjourn, providing for an adjourned meeting if it pleases. In committee of the whole the quorum is the same as in the assembly; if it finds itself without a quorum it can do nothing but rise and report to the assembly, which then ad- journs. In any other committee the majority is a quorum, unless the assembly order other- wise, and it must wait for a quorum before proceeding to business. Boards of trustees, managers, directors, etc., are on the same foot- ing as committees as regards a quorum. Their power is delegated to them as a body, and their quorum, or what number shall be present, in 260 RULES OF ORDER [§ 64 order that they may act as a board or com- mittee, cannot be determined by them, unless so provided in the by-laws. While no question can be decided in the absence of a quorum excepting those mentioned above, a member cannot be interrupted while speaking in order to make the point of no quorum. The debate may continue in the absence of a quorum until some one raises the point while no one is speaking. While a quorum is competent to transact any busi- ness, it is usually not expedient to transact important business unless there is a fair attendance at the meet- ing, or else previous notice of such action has been given. Care should be taken in amending the rule providing for a quorum. If the rule is struck out first, then the quorum instantly becomes a majority of all the mem- bers, so that in many societies it would be nearly impracticable to secure a quorum to adopt a new rule. The proper way is to amend by striking out certain words (or the whole rule) and inserting certain other words (or the new rule), which is made and voted on as one question. Note on Quorum. — After all the members of an organization have had reasonable notice of a meeting, and ample opportunity for discussion, if a majority of the total membership of the organization come to a certain decision, that must be accepted as the action or opinion of that body. But, with the exception of a body of delegates, it is seldom that a vote as great as a majority of the total membership of a large volun- tary organization can be obtained for anything, and consequently there has been established a common parliamentary law principle, that if a bare majority of the membership is present at a meeting properly called or provided for, a majority vote (which means a ma- jority of those who vote) shall be sufficient to make the act the act of the body, unless it suspends a rule or a right of a member (as the right to introduce ques- tions and the right of free discussion before being required to vote on finally disposing of a question) and §65] ORDER OF BUSINESS 261 that a two-thirds vote shall have the power to suspend these rules and rights. This gives the right to act for the society to about one-fourth of its members in ordi- nary cases, and to about one-third of its members in case of suspending the rules and certain rights. But it has been found impracticable to accomplish the work of most voluntary societies if no business can be trans- acted unless a majority of the members is present. In large organizations, meeting weekly or monthly for one or two hours, it is the exception when a majority of the members is present at a meeting, and therefore it has been found necessary to require the presence of only a small percentage of the members to enable the assembly to act for the organization, or, in other words, to establish a small quorum. In legislative bodies in this country, which are composed of mem- bers paid for their service5, it is determined by the constitutions to be a majority of their members. Con- gress in 1861 decided this to be a majority of the members chosen. In the English House of Commons it is 40 out of nearly 700, being about 6% of the niem- bers, while in the House of Lords the quorum is 3, or about one-half of 1% of the members. Where the quorum is so small it has been found necessary to require notice of all bills, amendments, etc., to be given in advance; and even in Congress, with its large quorum, one day's notice has to be given of any motion to rescind or change any rule or standing order. This principle is a sound one, particularly with societies meeting monthly or weekly for one or two hours, and with small quorums, where frequently the assembly is no adequate representation of the society. The diffi- culty in such cases may be met in societies adopting this Manual by the proper use of the motion to re- consider and have entered on the minutes as explained on page 165. 65. Order of Business. It is customary for every society having a permanent exist- ence to adopt an order of business for its meetings. When no rule has been adopted, the following is the order: 262 RULES OF ORDER [§ 65 (1) Reading the Minutes of the previous meeting [and their approval]. (2) Reports of Boards and Standing Committees. (3) Reports of Special (Select) Committees. (4) Special Orders. (5) Unfinished Business and General Orders. (6) New Business. The minutes are read only once a day at the beginning of the day's business. The sec- ond item includes the reports of all Boards of Managers, Trustees, etc., as well as reports of such officers as are required to make them. The fifth item includes, first, the business pending and undisposed of at the previous adjournment; and then the general orders that were on the calendar for the previous meeting and were not disposed of ; and finally, matters postponed to this meeting that have not been disposed of. The secretary should always have at every meeting a memorandum of the order of busi- ness for the use of the presiding ofBcer, show- ing everything, that is to come before the meeting. The chairman, as soon as one thing is disposed of, should announce the next busi- ness in order. When reports are in order he should call for the different reports in their order, and when unfinished business is in order he should announce the different questions in their proper order, as stated above, and thus always keep the control of the business. If it is desired to transact business out of its order, it is necessary to suspend the rules §66] NOMINATIONS AND ELECTIONS 263 [22], which can be done by a two-thirds vote. But, as each resolution or report comes up, a majority can at once lay it on the table, and thus reach any question which it desires first to dispose of. It is improper to lay on the table or to postpone a class of questions like reports of committees, or in fact anything but the question before the assembly. 66. Nominations and Elections. Before proceeding to an election to fill an office it is customary to nominate one or more candidates. This nomiination is not necessary when the election is by ballot or roll call, as each mem- ber may vote for any eligible person whether nominated or not. When the vote is viva voce or by rising, the nomination is like a mo- tion to fill a blank, the different names being repeated by the chair as they are made, and then the vote is taken on each in the order in which they were nominated, until one is elected. The nomination need not be sec- onded. Sometimes a nominating ballot is taken in order to ascertain the preferences of the members. But in the election of the of^cers of a society it is more usual to have the nominations made by a committee. When the committee makes its report, which con- sists of a ticket, the chair asks if there are any other nominations, when they may be made from the floor. The committee's nomi- nations are treated just as if made by members from the floor, no vote being taken on accept- 264 RULES OF ORDER [§67 ing them. When the nominations are com- pleted the assembly proceeds to the election, the voting being by any of the methods men- tioned under Voting, [46], unless the by-laws prescribe a method. The usual method in permanent societies is by ballot, the balloting being continued until the offices are all filled. An election takes effect immediately if the candidate is present and does not decline, or if he is absent and has consented to his candi- dacy. If he is absent and has not consented to his candidacy, it takes effect when he is notified of his election, provided he does not decline immediately. After the election has taken effect and the officer or member has learned the fact, it is too late to reconsider the vote on the election. An officer-elect takes possession of his office immediately, unless the rules specify the time. In most societies it is necessary that this time be clearly designated. 67. Constitutions, By-laws, Rules of Or- der, and Standing Rules. The rules of a society, in a majority of cases, may be con- veniently divided into these four classes, though in some societies all the rules are found under one of these heads, being called either the constitution, or the by-laws, or the standing rules. Such provisions in regard to the constitution, etc., as are of a temporary nature should not be placed in the constitution, etc., but should be included in the motion to adopt, thus : "I move the adoption of the constitution reported by the committee and that the § 6y] CONSTITUTIONS, ETC. 265 four directors receiving the most votes shall serve for three years, the four receiving the next largest num- bers shall serve for two years, and the next four for one year, and that where there is a tie the classification shall be by lot;'' or, "I move the adoption, etc and that Article III, shall not go into effect until after the close of this annual meeting." Or, if the motion to adopt has been made, it may'be amended so as to accomplish the desired object. Constitutions. An incorporated society fre- quently has no constitution, the charter taking its place, and many others prefer to coinbine under one head the rules that are more com- monly placed under the separate heads of constitution and by-laws. There is no objec- tion to this unless the by-laws are elaborate, when it is better to separate the most impor- tant rules and place them in the constitution. The constitution should contain only the fol- lowing : (1) Name and object of the society. (2) Qualification of members. (3) Officers and their election. (4) Meetings of the society (including only what is essential, leaving details to the by-laws). (5) How to amend the constitution. These can be arranged in five articles, or, the first one may be divided into two, in which case there would be six articles. Usu- ally some of the articles should be divided into sections. Nothing should be placed in the constitution that may be suspended, ex- cept in the case of requiring elections of ofiFi- cers to be by ballot, in which case the require- ment may be qualified so as to allow the ballot 266 RULES OF ORDER [§67 to be dispensed with by a unanimous vote when there is but one candidate for the office. The officers and board of managers or di- rectors of an organization that meets only annually in convention, and the chairmen of such committees as it has authorized and has required to report to the convention, should be, if present at the convention, ex-officio members thereof, and provision for this should be made in the constitution. The constitu- tion should require previous notice of an amendment and also a two-thirds or three- fourths vote for its adoption. Where the meetings are frequent, an amendment should not be allowed to be made except at a quar- terly or annual meeting, after having been proposed at the previous quarterly meeting. [See Amendments to Constitutions, etc., 68.] By-laws should include all the rules that are of such importance that they cannot be changed in any way without previous notice, except those • placed in the constitution and the rules of order. Few societies adopt any special rules of order of their own under that name, contenting themselves with putting a few such rules in their by-laws and th^n adopt- ing some standard work on parliamentary law as their authority. When a society is incor- porated the charter may take the place of the constitution, and in such a case the by-laws would contain all the rules of the society, except those in the charter that cannot be §67] CONSTITUTIONS, ETC. 267 changed without previous notice. The by-laws should always provide for their amendment as shown in 68, and also for a quorum, 64. If it is desired to permit the suspension of any by-law it should be specifically provided for. By-laws, except those relating to business pro- cedure, cannot be suspended, unless they ex- pressly provide for their suspension. By-laws in the nature of rules of order may be sus- pended by a two-thirds vote, as stated in 22. The duties of the presiding and recording officers of a deliberative assembly are defined in 58 and 59. But in many societies other duties are required of the president and the secretary, and these, together with the duties of the other officers, if any. should be de- fined in the by-laws. If a society wishes to provide for honorary officers or members, it is well to do so in the by-laws. Unless the by-laws state the contrary, these positions are simply complimentary, carrying with them, the right to attend the meetings and to speak, but not to make motions or to vote. Honorary presi- dents and vice presidents should sit on the platform, but they do not. by virtue of their honorary office, preside. An honorary office is not stricdy an office, and in no way conflicts with a member's holding a real office, or being assigned any duty whatever, the same as if he did not hold the honorary office. Like a college honorary degree, it is perpetual, unless rescinded. So it is proper, where desired, to include in the published list of honorary officers the names of all upon whom the honor has been conferred, even though deceased. Rules of Order should contain only the rules relating to the orderly transaction of business in the meetings and to the duties of the offi- cers. There is no reason why most of these rules should not be the same for all ordinary societies, and there is a great advantage in 268 RULES OF ORDER [§67 uniformity of procedure, so far as possible, in all societies all over the country. Societies should, therefore, adopt some generally ac- cepted rules of order, or parliamentary manual, as their authority, and then adopt only such special rules of order as are needed to sup- plement their parliamentary authority. Every society, in its by-laws or rules of order, should adopt a rule like this : "The rules contained in [specifying the work on parliamentary prac- tice] shall govern the society in all cases to which they are applicable, and in which they are not inconsistent with the by-laws or the special rules of order of this society." With- out such a rule, any one so disposed can cause great trouble in a meeting. Standing Rules should contain only such rules as may be adopted without previous no- tice by a majority vote at any business meet- ing. The vote on their adoption, or their amendment, before or after adoption, may be reconsidered. At any meeting they may be suspended by a majority vote, or they may be amended or rescinded by a two-thirds vote. If notice of the proposed action was given at a previous meeting or in the call for this meeting, they may be amended or rescinded by a majority vote. As a majority may sus- pend any of them for that meeting, these rules do not interfere with the freedom of any meet- ing and therefore require no notice in order to adopt them. Generally they are not adopted §68] AMENDMENTS OF BV-LAWS, ETC. 269 at the organization of a society, but from time to time as they are needed. Sometimes the by-laws of a society are called standing rules, but it is better to follow the usual classifica- tion of rules as given in this section. The following is an example of a standing rule: Resolved, That the meetings of this society from April 1 to September 30 shall begin at 7 :30 p. m., and during the rest of the year at 8 p. m. No standing rule, or resolution, or motion is in order that conflicts with the constitution, or by-laws, or rules of order, or standing rules. 68. Amendments of Constitutions, By- laws, and Rules of Order. Constitutions, by-laws, and rules of order, that have been adopted and contain no rule for their amend- ment, may be amended at any regular busi- ness meeting by a vote of the majority of the entire membership ; or, if the amendment was submitted in writing at the previous regular business meeting, then they may be amended by a two-thirds vote of those voting, a quorum being present. Rut each society should adopt rules for the amendment of its constitution, by-laws, and rules of order, adapted to its own case, but always requiring previous notice and a two-thirds vote. Where assemblies meet regularly only once a year, the constitution, etc., should provide for copies of the amend- ment to be sent with the notices to the mem- bers or the constituency, instead of requiring amendments to be submitted at the previous 270 RULES OF ORDER [§68 annual meeting. The requirements should vary to suit the needs of each assembly, al- ways providing for ample notice to the mem- bers or the constituency. In societies having very frequent meetings, and also monthly or quarterly meetings more especially devoted to business, it is well to allow amendments to the by-laws, etc., to be adopted only at the quarterly or annual meetings. In specifying when the amendment must be submitted, "the previous regular meeting" should be used in- stead of "a previous regular meeting," as in the latter case action on the amendment might be delayed indefinitely to suit the mover, and the object of giving notice be defeated. In prescribing the vote necessary for the adoption of an amendment, the expression "a vote of two-thirds of the members" should never be used in ordinary societies, especially in large organizations with quorums smaller than a majority of the membership, as in such socie- ties it is seldom that two-thirds of the mem- bers — that is, two-thirds of the entire member- ship — is ever present at a meeting. If it is desired to require a larger vote than two- thirds (that is, two-thirds of the votes cast, a quorum being present), the expression '*a vote of two-thirds of the members present," should be used. Instead of submitting the amend- ment in writing, sometimes only notice, or written notice, of an amendment is required. Unless the notice is required to be in writing §68] AMENDMENTS OF BY-LAWS, ETC. 27I it may be given orally. In any case, only the purport of the amendment is necessary, un- less the rule requires that the amendment itself shall be submitted. If a committee is appointed to revise the by-laws and report at a certain m.eeting, this would be all the notice required, and the amendments could be immediately acted upon, if the by-laws required only previous notice of an amendment. But if they required the amendment, or "notice of such amendment," to be submitted at the previous regular meeting, the revision (pould not be taken up until the next regular meeting after the committee had sub- mitted its report. The committee may submit a substitute for the by-laws unless it is limited as to its report, as a substitute is an amend- ment. Great care should be exercised in amending constitutions, etc., to comply with every rule in regard to their amendment. An amendment to the constitution, or any- thing else that has already been adopted, goes into effect immediately upon its adoption, un- less the motion to adopt specifies a time for its going into effect, or the assembly has previ- ously adopted a motion to that effect. While the amendment is pending, a motion may be made to amend by adding a proviso similar to this, ''Provided, that this does not go into ef- fect until after the close of this annual meet- ing." Or, while the amendment is pending, an incidental motion may be adopted that in 272 RULES OF ORDER [§68 case the amendment is adopted it shall not take effect until a specified time. This requires only a majority vote. Amending a proposed amendment to the constitution, etc., may be accomplished by a majority vote, without notice, subject to cer- tain restrictions. The assembly is not limited to adopting or rejecting the amendment just as it is proposed, but no amendment is in order that increases the modification of the rule to be amended, as otherwise advantage could be taken of this by submitting a very slight change that would not attract attention and then moving the serious modification as an amendment to the amendment. Thus, if the by-laws placed the annual dues of mem- bers at $2.00, and an amendment is pending to strike out 2 and insert 5, an amendment would be in order to change the 5 to any number between 2 and 5 ; but an amendment would not be in order that changed the 5 to any number greater than 5 or less than 2. Had notice been given that it was proposed to increase the dues to more than 5 dollars, or to reduce them below 2 dollars, members might have been present to oppose the change, who did not attend because they were not opposed to an increase as high as 5 dollars. The same principle applies to an amendment in the nature of a substitute, the proposed substitute being open to amendments that diminish the changes, but not to amendments that increase those that are proposed, or introduce new changes. Thus, if an amendment is pending, substituting a new rule for one that prescribes the initiation fee and annual dues, and the substitute does not change the annual dues, then a motion to amend it so as to change the annual dues would'be out of order. The notice must be sufficiently definite to give fair warning to all parties interested as to the § 68] AMENDMENTS OF BY-LAWS, ETC. 2/3 exact points that are to be modified. The proposed amendment is a main motion, and that is the only ques- tion before the assembly. It is subject to amendments of the first and second degree, like other main motions, and no amendment that is not germane to it is in order. A society can amend its constitution and by-laws so as to affect the emoluments and duties of officers already elected, or even to do away with the office altogether. If it is desired that the amendment should not affect officers already elected, a motion to that effect should be adopted before voting on the amend- ment; or the motion to amend could have added to it the proviso that it should not affect officers already elected. There is something in the nature of a con- tract between a society and its officers which either one can modify to some extent, or even terminate, but it must be done with reasonable consideration for the other party. A secretary, for instance, has no right to refuse to perform his duties on the ground that he has handed in his resignation. On the other hand, the society cannot compel him to continue in office beyond a reasonable time to allow for choosing his successor. Care should be exercised in wording the sections providing for amending the constitution, etc.. to avoid such tautology as "amend, or add to. or repeal," or "alter or amend," or "amend or in any way change." The one word "amend" covers any change whatever in the constitution, etc., whether it is a word or a paragraph that is added or struck out, or replaced by another word or paragraph, or whether a new consti- tution, etc.. is substituted for the old one. PART II. Organization, Meetings, and Legal Rights of Assemblies. Art. XII. Organization and Meetings. 69. An Occasional or ^lass Meeting. page (a) Organization 275 (b) Adoption of Resolutions 277 (c) Committee to Draft Resolutions 280 (d) Semi-Permanent Mass Meeting 283 70. A JPermanent Society. (a) First Meeting 284 (b) Second Meeting 286 (c) Regular Meeting 291 71. Meeting of a Convention. (a) An Organized Convention 292 (b) A Convention not yet Organized 296 69. An Occasional or Mass Meeting, (a) Organ- isation. Before calling a meeting that is not one of an organized society, the following Preliminary Steps should be taken : Those who are responsible for the call should consult together and agree upon the place and time of the meeting, how the notice shall be given, who shall call the meeting to order and nominate the chairman, who shall be nominated for chairman, and who shall explain the object of the meeting. It is also good policy sometimes to have a set of resolutions drafted in advance to submit to the meeting. It is not customary to call mass meetings to order promptly at the appointed time, but to wait ten or 2/5 276 RULES OF ORDER [§69 fifteen minutes, when the one chosen for the purpose steps to the front and says : "The meeting will please come to order ; I move that Mr. A act as [or I nomi- nate Mr. A for] chairman of this meeting." Some one else says, "I second the motion [or nomination]." The first member then puts the question to vote, by saying. "It has been moved and seconded that Mr. A act as [or Mr. A has been nominated for] chairman of this meeting; those in favor of the motion [or nomination] say aye;" and when the affirmative vote is taken, he says, "Those opposed say no." If the majority vote is in the affirmative, he says, "The ayes have it, and Mr. A is elected chairman. He will please take the chair." If the motion is lost he announces that fact, and calls for the nomination of some one else for chairman, and proceeds with the new nomina- tion as in the first case. The member who calls the meeting to order, instead of making the motion himself, may act as temporary chairman, and say, "The meeting will please come to order; will some one nominate a chairman?" He puts the question to vote on the nomination as described above, or as below, in case of the secretary. This is dangerous, however, in large meetings, where an in- competent person may be nominated and elected chair- man. In large assemblies, the member who nominates, with one other member, frequently conducts the pre- siding officer to the chair, and the chairman makes a short speech, thanking the assembly for the honor conferred on him. When the chairman takes the chair he says, "The first business in order is the election of a secretary," Some one then makes a motion as just described, or he says, "I nominate ]\Ir. B," when the chairman puts the question as below. Sometimes several names are §69] OCCASIONAL OR MASS MEETING 2/7 called out, and the chairman, as he hears them, says, "Mr. B is nominated; Mr. C is nominated," etc.; he then takes the vote on the first one he heard, putting the question in a form similar to this : "As many as are in favor of Mr. B for secretary say aye; those opposed say no. The chair is in doubt: those in favor of Mr. B for secretary will rise; those opposed will rise. The negative has it and the motion is lost. As many as are in favor of Mr. C for secretary say aye; those opposed say no. The ayes have it, and Mr. C is elected secretary. He will please take his place at the desk." If Mr. C fails of election the vote is taken on the next nominee, and so on until one is elected. The secretary should take his seat near the chairman, and keep a record of the proceedings, as described in 59. The chairman should always stand in putting the question to vote, and in large assemblies it is better for him to stand while stating the question. During debate he should be seated, and pay atten- tion to the discussion. When nominations are made it is optional whether they are seconded or not. They are usu-ally not debated, though sometimes the one making the nomination and the one seconding it say a few words at the time in favor of their nominee. A nomination cannot be amended. If additional officers are desired, they may be elected in the same manner as the secretary. (b) Adoption of Resolutions. These two officers are all that are usually necessary, so as soon as the secretary is elected, the chairman directs the secretary to read the call for the meeting and then calls on the person most familiar with the question to explain the object of the meeting more fully, or he may do this himself. This explanation should be immediately fol- lowed by some one's offering a series of resolutions 278 RULES OF ORDER [§69 previously prepared, or by his moving the appointment of a committee to prepare resolutions upon the subject- In the first case he rises and says, "Mr. Chairman;" the chairman responds, "Mr. C." Mr. C, having thus obtained the floor, says, "I move the adoption of the following resolutions," which he reads and hands to the chairman. Some one else says, "I second the motion." The chairman then says, "It has been moved and seconded to adopt the following resolutions," which he reads, or directs the secretary to read, and then says, "The question is on the adoption of the resolutions." If no one rises at once, he asks, "Are you ready for the question?" The resolutions are now open to debate and amendment. They may be referred to a committee, or may have any other subsidiary motion applied to them. When the debate appears to be finished, the chair again asks, "Are you ready for the question?" If no one then rises, he says, "As many as are in favor of the adoption of the resolu- tions say aye;" after the ayes have voted, he says, "As many as are of a contrary opinion [or are opposed] say no ;" he then announces the result of the vote as follows : "The ayes have it [or the motion is carried] and the resolutions are adopted." If the debate has lasted any length of time, he should, before taking the vote, have the resolutions again read. It is the practice, in legislative bodies, to send to the clerk's desk all resolutions, bills, etc., the title of the bill and the name of the member introducing it being indorsed on each. In such bodies, however, there are several clerks and only one chairman. In most assem- blies there is but one clerk or secretary, and as he has to keep the minutes, there is no reason for his being constantly interrupted to read every resolution offered. In such assemblies, unless there is a rule or § 69] OCCASIONAL OR MASS MEETING 279 established custom to the contrary, it is usually much better to hand all resolutions, reports, etc., directly to the chairman. If they were read by the member intro- ducing them, and no one calls for another reading, the chairman may omit reading them when he thinks they are fully understood. [F'or the manner of reading and stating the question when the resolution contains several paragraphs, see 24.] Dividing Resolutions. If the committee reports several independent resolutions relating to different subjects, the chair must state the question separately on the resolution, or resolutions, relating to each sub- ject, on the request of a single member. If the reso- lutions relate to a single subject and yet each one is capable of standing alone if all the rest are rejected, they may be divided by a majority vote on a motion to divide the question, as explained in 24. If the reso- lutions are so connected that they cannot stand aione, then the proper way to secure a separate vote on an> objectionable resolution is to move to strike it out. When the chair states the question on striking it out, the resolution is open to amendments of the second degree, so as to perfect it, before the vote is taken on striking it out. [See page 140.] Amending a Resolution. If it is desired to amend a pending resolution, that is, a resolution that the chair has stated as before the assembly for action, a member rises and obtains the floor as already described, and offers, or moves, his amendment, thus : "I move to insert the words 'with asphalt' after the word 'paved.' " If the motion is not at once seconded, the chair asks if the motion is seconded. In a large assembly he should repeat the motion before making this inquiry, as members who would be willing to second the motion may not have heard it. In fact, the chair must usually 280 RULES OF ORDER [§69 assume that some members do not hear what is said from the floor, and therefore that he must always repeat motions and the result of votes. The motion being seconded, the chair states the question thus : "It is moved and seconded to amend the resolution by inserting the words 'with asphalt' after the word 'paved.' Are you ready for the question?" The ques- tion is now open to debate and amendment, which must be confined, however, to the amendment, as it has superseded the resolution and has become what is termed the immediately pending question. If no one rises to claim the floor, the chair puts the question thus: "As many as are in favor of the amendment [or motion] say aye; those opposed say no. The ayes have it, and the amendment is adopted. The question is now on the resolution as amended, which is as follows [repeat the amended resolution]. Are you ready for the question?" The resolution is again open to debate and amendment, as it has again become the immediately pending question. When the chair thinks the debate ended, he asks, "Are you ready for the question?" If no one rises to claim the floor, he puts the question on the resolution, thus : "The question is on adopting the following resolution : "Resolved, That Those in favor of the motion [or, of adopting the resolution] say aye; those opposed say no. The ayes have it, and the resolution is adopted." (c) Committee to Draft Resolutions. If it is pre- ferred to appoint a committee to draft resolutions, a member, after he has addressed the chair and has been recognized, says : "I move that a committee of five be appointed by the chair to draft resolutions expressive of the sense of this meeting on," etc., adding the sub- ject for which the meeting was called. The motion I § 69] OCCASIONAL OR MASS MEETING 281 being seconded, the chairman states the question thus : "It has been moved and seconded that a committee of five be appointed by the chair to draft resolutions, etc. [repeat the motion]. Are you ready for the question?" If no one rises he may put the question thus : "As many as are in favor of the motion say aye; those opposed say no. The ayes have it and the motion is adopted." Or, it may be put thus: "The question is, 'Shall a committee of five be appointed by the chair to draft resolutions, etc. [repeating the motion] ?' As many a:s are of the affirmative will raise their right hands. As many as are of the negative will signify it in the same way. The affirmative has it and the mo- tion is adopted. The chair will appoint Messrs. A, B. C, D, and E as the committee on resolutions. The committee will withdraw and prepare the resolutions as quickly as possible. What is the further pleasure of the meeting?" In a mass meeting, or in any very large assembly, it is safer to have all committees appointed by the chair. If the assembly, however, prefers a different method, the procedure is as described in 32; or the following method may be adopted : A member moves, "That a committee be appointed to draft resolutions," etc. This motion being adopted, the chair asks : "Of how many shall the committee consist?" If only one number is suggested, he announces that the committee will consist of that number; if several numbers are suggested, he states the different ones, and then takes a vote on each, beginning with the largest, until one number is selected. He then inquires: "How shall the committee be appointed?" This is usually decided without the formality of a vote. The committee may be "appointed" by the chair, in which case the chair- man names the committee, and no vote is taken ; or the 282 RULES OF ORDER [§69 committee may be "nominated"' by the chair, or by members of the assembly (no member naming more than one. except by unanimous consent), and then the assembly votes on their appointment. When the chair- man nominates, after stating the names, he puts one question on the entire committee, thus : "As many as are in favor of these gentlemen constituting the com- mittee say aye;' etc. If nominations are made by members of the assembly, and more names are men- tioned than the number of the committee, a separate vote must be taken on each name, in the order of nomination, until the committee is filled. When the committee is appointed, it should at once retire and agree upon a report, which should be writ- ten out as described in 52. During its absence other business may be attended to, or the time may be occu- pied with hearing addresses. If the chairman sees the committee return to the room, he should announce, as soon as the pending business is disposed of, or the member speaking closes, that the assembly will now hear the report of the committee on resolutions : or, before this announcement he may ask if the committee is prepared to report. If the chairman does not notice the return of the committee, its chairman avails him- self of the first opportunity to obtain the floor, when he says : "The committee appointed to draft resolu- tions is prepared to report." The chairman tells him that the assembly will now hear the report, which is then read by the chairman of the committee, who im- mediately moves its adoption, and then hands it to the presiding officer, upon which the committee is dis- solved without any action of the assembly. The chairman then proceeds as stated above when the reso- lutions were offered by a member. If it is not desired immediately to adopt the resolutions, they may be de- §69j OCCASIONAL OR MASS MEETING 283 bated, modified, their consideration postponed, etc., as explained in 10. When through with the business for which the assembly was convened, or when from any other cause it is desired to close the meeting, some one moves "to adjourn." If no time has been appointed for another meeting, this motion may be amended and debated a^ any other main motion. If the motion is carried, and no other time for meeting has been appointed, the chairman, in case the ayes and noes are nearly equal, says : "The ayes seem to have it, the ayes have it, the motion is adopted, and we stand adjourned without day (sine die)." If the vote is overwhelmingly in the affirmative, the expression, "The ayes seem to have it," should be omitted. If a time for an adjourned meeting has been appointed, the chair declares -the assembly "adjourned to 8 o'clock next Wednesday evening," or whatever is the appointed time. Before declaring the adjournment, or even taking a vote on adjourning, the chair should satisfy himself that all required notices are given. (d) Semi-Permanent Mass Meetings. Sometimes it is desirable to continue the mass meetings until a certain object is accomplished, and in such case the assembly may prefer to make a temporary organiza- tion at first, and then make their >emi-permanent organization with more deliberation. If so, the assem- bly would be organized as just described, only adding "pro tern." to the title of the officers, thus, "chairman pro tern." The "pro tern." is never used in addressing the officers. As soon as the secretary pro tern, is elected, a committee is usually appointed to nominate the semi-permanent officers, as in the case of a con- vention. A committee on rules should also be ap- pointed, which should recommend a few rules pro- 284 RULES OF ORDER [§70 viding for the time and place for holding the meet- ings, for some authority on parliamentary law, and for the number and length of speeches allowed, if two speeches not to exceed ten minutes each is not satisfactory. Frequently the presiding oflficer is called the Presi- dent, and sometimes there is a large number of Vice Presidents appointed for merely complimentary pur- poses. The Vice Presidents in large formal meetings sit on the platform beside the President, and in his absence, or when he vacates the chair, the first on the list that is present should take the chair. 70. A Permanent Society, (a) First Meeting. When it is desired to form a permanent society, those interested in it should consult together and carefully lay their plans before calling a meeting to organize the society. They should also be careful in calling the meeting to see to it that there is a majority in sym- pathy with their plans. By neglect of this, and giving a newspaper invitation to all interested in the object to attend the meeting, those who originated the work have found themselves in the minority and not in sympathy with the constitution which was adopted, so that they did not care to join the society after it was organized. Having taken all the preliminary steps, then, as described in case of a mass meeting [page 275], they invite those who they have reason to think are in sympathy with their general plans to meet at a certain time and place to consider the question of organizing a society for a certain purpose. As one of their preliminary steps they should procure copies of the constitutions and by-laws of several similar socie- ties for the use of the committee in drafting their own. It is not usual in meetings called to organize a society, or in mass meetings, to commence until ten or § yo] A PERMANENT SOCIETY. 285 fifteen minutes after the appointed time, when the person previously selected for the purpose steps for- ward and says : "The meeting will please come to order; I move that Mr. A act as chairman of this meeting." Some one "seconds the motion," when the one who made the motion puts it to vote (or, as it is called, "puts the question"), as already described under a "mass meeting" [69] ; and. as in that case, when the chairman is elected he takes the chair and announces, as the first business in order, the election of a secretary. After the secretary is elected, the chairman calls on the member who is most interested in forming the society to state the object of the meeting. When this member rises he says, "Mr. Chairman." The chair- man then announces his name, when the member pro- ceeds to state the object of the meeting. Having finished his remarks, the chairman may call on other members to give their opinions on the subject, and sometimes a particular speaker is called out by mem- bers who wish to hear him. The chairman should observe the wishes of the assembly, and, while being careful not to be too strict, he must not permit any one to occupy too much time and weary the assembly. When a sufficient time has been spent in this infor- mal way, some one should offer a resolution, so that definite action can be taken. Those interested in arranging for the meeting, if it is to be a large one. should have previously agreed upon what is to be done, and be prepared, at the proper time, to offer a suitable resolution, which may be in form similar to this: "Resolved, That it is the sense of this meeting that a society for (state the object of the society) should now be formed in this city." This resolution, when seconded and stated by the chair, is open to debate and 286 RULES OF ORDER [§70 amendment, and is treated as already described [69]. This preliminary motion could have been offered at the commencement of the meeting, and if the meeting is a very large one this is generally better than to have the informal discussion. After this preliminary motion has been voted on, or even without waiting for such a motion to be made, one like this may be offered : "I move that a committee of five be appointed by the chair to draft a constitu- tion and by-laws for a society for (here state the object), and that it report at an adjourned meeting of this assembly." This motion can be amended by striking out and adding words, etc., and it is debatable. When this committee is appointed, the chairman may inquire : "Is there any other business to be at- tended to?" or, "What is the further pleasure of the assembly [or club, or convention, etc.] ?" When all business is finished, a motion may be made to adjourn to meet at a certain place and time, which, when sec- onded and stated by the chair, is open to debate and amendment. It is usually better to fix the time of the next meeting at an earlier stage of the meeting ; and then, when it is desired to close the meeting, move simply "to adjourn," which cannot be amended cr debated. When this motion is carried, the chairman says, "This meeting stands adjourned to meet at," etc., specifying the time and place of the next meeting. (b) Second Meeting. At the next meeting the officers of the previous meeting, if present, serve until the permanent officers are elected. When the hour arrives for the meeting, the chairman, standing, says, "The meeting will please come to order;" as soon as the assembly is seated, he says, "The secretary will § yo] A PERMANENT SOCIETY 287 read the minutes of the last meeting," and then takes his seat. If any one notices an error in the minutes, he should state the fact as soon as the secretary finishes reading them ; if there is no objection, without waiting for a motion, the chairman directs the secretary to make the correction. The chairman then says, "There being no [further] corrections, the minutes stand approved as read [or as corrected]." The chair then annowices, as the next business in order, the hearing of the report of the committee on the constitution and by-laws. The chairman of the committee, after addressing "Mr. Chairman" and being recognized, says something like this : "The committee appointed to draft a constitution and by- laws has agreed upon the following, and has di- rected me to report the same and move their adoption." He then reads them, moves their adoption, and hands them to the chair. The motion being seconded, the chair says : 'Tt has been moved and seconded to adopt the constitution and by-laws reported by the commit- tee. The question is on the adoption of the constitu- tion, which will nov/ be read." The constitution is then read from the platform by the secretary, or by the chairman of the committee, as the chair directs. This reading may be dispensed with by general con- sent, as it has already been read. He then reads, or has read, the first paragraph, and asks if there are any amendments proposed to this paragraph. When through with amending it he says, "There being no [further] amendments to this paragraph, the next will be read." No vote should be taken on adopting the separate paragraphs. He thus proceeds through the entire constitution, and then says the whole constitu- tion is now open to amendment. This is the time to insert additional paragraphs, or make any amendments 288 RULES OF ORDER [§70 to the earlier paragraphs rendered necessary by changes made in the later ones. When the chairman thinks the constitution has been modified to suit the wishes of the assembly, he in- quires: "Are 3^ou ready for the question?" If no one wishes to speak, he puts the question : "As many as are in favor of adopting the constitution as amended say aye ;" and then, "As many as are opposed say no." He distinctly announces the result of the vote. This should never be omitted. Only a majority vote is required to adopt a constitution of a new society, or to amend it before it is adopted. The chairman now states that the constitution having been adopted, it will be necessary for those wishing to become members to sign it (and pay the initiation fee, if required by the constitution), and, if the assembly is a large one, suggests that a recess be taken for the purpose. A motion is then made to take a recess for, say, ten minutes, or until the constitution is signed. The constitution being signed, no one is permitted to vote excepting those who have signed it, and thus have joined the society. While the payment of the initiation fee is strictly a prerequisite to the right to vote, it should be waived at this meeting with those who are unprepared to make the payment. The recess having expired, the chairman calls the meeting to order, and says, "The secretary will read the roll of members." This is necessary in order that all may know who are entitled to take part in the future proceedings. After the roll has been read, the chair says, "The question before the assembly is on the adoption of the by-laws reported by the committee. The secretary will please read them." He then pro- ceeds exactly as in the case of the constitution. The motion to adopt the constitution and by-laws reported § 70] A PERMANENT SOCIETY 289 by the committee having been made when the com- mittee made its report, no further motion is neces- sary. When the by-laws are adopted, the chair says, "The next business in order is the election of the permanent officers of the society." The by-laws should prescribe the method of nomination and election of the officers, and they should be strictly complied with. If the by- laws do not prescribe the method of nomination, the chair asks, "How shall the officers be nominated?" Some one may at once move that a committee be appointed by the chair to nominate the permanent offi- cers of the society. This motion being adopted, the chair appoints the committee, which retires and agrees upon a ticket. During the absence of the committee the assembly may transact any business it pleases, or it may take a recess. When the committee returns to the hall, as soon as pending business is disposed of, the chair calls on the chairman of the commit- tee for the report. The chairman of the committee reads the list of nominations, and hands it to the chair. The chair reads the list, and then asks, "Are there any further nominations?" Any member may now rise and, after addressing the chair, nominate any one else for any office, or he may nominate one person for each office, thus proposing a new ticket. The chair an- nounces the nominations as made, and when he thinks that no more names will be proposed, he asks, "Are there any more nominations?" If there is no response, and if the by-laws prescribe that the election shall be by ballot, as they usually should, he appoints tellers and directs them to distribute blank ballots, upon which each member writes the name of each office and the person for whom he votes to fill that office. When the ballots are filled out, the chair directs the teller? 290 RULES OF ORDER [§70 to collect the ballots, which they do, in any convenient receptacle. The chair then inquires if all have voted who wish to, so as to be sure that the tellers have not missed any members. When all have voted that wish, he announces that "the polls are closed," and the tellers count the ballots, and the first one appointed reports the vote, as described on page 196, under Voting by Ballot. The chair then announces as elected all the candidates who received a majority vote, and the temporary officers are immediately replaced by the permanent ones elected. If the president is elected on this first ballot he immediately takes the chair. In case any of the offices remain unfilled, the chair imme- diately orders the tellers to distribute blank ballots, and directs the assembly to prepare ballots for these offices. Balloting is continued until all the offices are filled. The voting is not limited to the nominees, as every member is at liberty to vote for any member who is not declared ineligible by the by-laws. After the offices are filled, if there is business that the chair knows requires immediate attention, he should mention it. Committees should probably be appointed for various purposes, as described in the by-laws, and the place of meeting should be deter- mined. It is possible that an adjourned meeting may be necessary in order to complete the organization be- fore beginning the regular work of the society. When the work is completed, or when an adjourned meeting has been provided for, and the lateness of the hour requires an adjournment, some one should move to adjourn. If the motion is carried, the chair announces tlie vote and declares the assembly adjourned. If there can be any question as to where and when the next meeting is to be held, he should mention the place and time, though this is not necessary afterwards when § yo] A PERMANENT SOCIETY 29I the place and time are regularly established and known. If the society is one that expects to own real estate, it should be incorporated according to the laws of the state in which it is situated, and for this purpose some member of the committee on the constitution should consult a lawyer before this second meeting, so that the constitution may conform to the laws of the state. In this case the trustees, or managers, or directors, are usually instructed to take the proper measures to have the society incorporated. (c) Regular Meetings of a Society. After a society is properly organized, its regular business meetings are conducted as follows : When the hour fixed for the meeting to begin arrives, the presiding ofiicer takes the chair and calls the meeting to order and directs the secretary to read the minutes of the last meeting. When they are read, he asks, "Are there any correc- tions to the minutes?" If none are suggested, he adds, "There being none, the minutes stand approved as read." If any corrections are suggested, the secretary makes them, unless there is opposition. If there is difference of opinion, some one moves to amend the minutes, or the chair, without waiting for a motion, may put the question on the amendment that has been suggested. When this has been settled, the chair asks, "Are there any further corrections (or amendments) to the minutes?" If there is no response, he adds, "There being none, the minutes stand approved as corrected." He then announces the next business in order, following the order of business prescribed by the rules of the society. If the order of business is the same as given in 65, as soon as the minutes are read and approved, the chair says, "The next business in order is hearing the 292 RULES OF ORDER [§ 7I reports of the standing committees." He may then call upon each committee in its order for a report, thus : "Has the committee on applications for member- ship any report to make?" In this case the committee may report as shown above, or some member of it reply that it has no report to make. Or, when the chairman knows that there are but few, if any, reports to be made, it is better, after making the announce- ment of the business, for him to ask, "Have these committees any reports to make ?" After a short pause, if no one rises to report, he states, "There being no reports from the standing committees, the next busi- ness in order is hearing the reports of special com- mittees," when he will act the same as in the case of the standing committees. The chairman should always have a list of the committees, to enable him to call upon them, as well as to guide him in the appointment of new committees. Having attended to the reports of committees, the chair announces the next business in order, and so on until the business of the meeting has been disposed of, when some one moves to adjourn. If this motion is carried, the chair announces the vote and declares the assembly adjourned. The meetings of different societies vary greatly, and they should be managed differently in order to obtain the best results. Some societies require a strict en- forcement of parliamentary rules, while with others the best results will be obtained by being informal. It is important that the presiding officer have tact and common sense, especially with a very intelligent assembly. 71. Meeting of a Convention or Assembly of Delegates, (a) An Organized Conzention. If a con- vention is an organized body (that is, if when convened §7l] MEETING OF A CONVENTION 293 it has a constitution and by-laws and officers), a com- mittee on credentials, or registration, and one on pro- gram, should have been appointed previous to the meet- ing. These committees may have been appointed at the previous convention, or by the executive board, or by the president, as prescribed by the by-laws. The com- mittee on credentials, or registration, should be on hand somewhat before the time of the meeting, in some cases the day before, so as to be prepared to submit its report immediately after the opening addresses. It should furnish each delegate, when he registers, with a badge or card as evidence of his being a delegate and having the right of admission to the hall. The committee on program should in most cases have the programs printed in advance. In many cases it is better that the constituent bodies be fur- nished in advance with copies of the program. This should always be done when there is difficulty in get- ting full delegations to attend. In addition to these two committees there are a number of local commit- tees usually appointed by the local society, as on enter- tainment, etc. One of the general officers usually performs the duty of a committee on transportation, to obtain reductions in railroad fares, etc. When the hour appointed for the meeting arrives, the president, as the permanent presiding officer of a convention is usually called, stands at the desk, and, striking it with the gavel to attract attention, says, "The convention will come to order.'" In large conven- tions there is usually much confusion and noise at the opening, and it requires self-control, firmness, and tact on the part of the presiding officer to preserve proper order so that all members may hear and be heard. It is a mistake for the chairman to try to stop the noise by pounding with the gavel and talking so loud as to 294 RULES OF ORDER [§ 7I be heard in spite of conversation on the floor. It is better for him to set the example of being quiet, and to stop all business while the noise is such that mem- bers cannot hear. Members should be required to be seated and to refrain from talking except when addressing the chair. When the convention has come to order it is cus- tomary to have some opening exercises, the nature of which depends upon the character of the convention. In the majority of cases the convention is opened with prayer, an address of welcome, and a response. The program, however, is the president's guide as to the order of business, even though it has not yet been adopted by the convention. It should provide for hearing the report of the credential committee as soon as the opening exercises are concluded, so that it may be known who are entitled to vote. This committee's report usually consists merely of a list of the delegates and their alternates, if any, whose credentials have been found correct, and of the ex-officio members of the convention, no one being on the list, however, who has not registered as present. The constitution should always provide that such as are present of the officers of the convention, the members of the Board of Man- agers, and the chairmen of the committees that are required to report at the convention, shall be ex-officio members of the convention. When this report of the credential committee is presented it is read either by the chairman of the com- mittee or by the reading secretary, or official reader, if there is one. In all cases, it, and all other reports, should be read from the platform. When the chair- man of a committee cannot read so as to be heard, the report should be read by a reading secretary, or official reader, who should be appointed in every large con- §7l] MEETING OF A CONVENTION 295 vention, solely for the purpose of reading resolutions, reports, etc. If there is a case of contest between two sets of delegates and there is serious doubt as to which is entitled to recognition, the committee should omit both from the list and report the fact of the contest. If the committee, however, thinks the contest not jus- tified, it should ignore it and enter on the list the names of the legitimate delegates. A motion should be made to accept or adopt the report, which, after it is stated by the chair, is open to debate and amend- ment. No one can vote whose name is not on the list of delegates reported by the committee. Upon the motion to substitute one delegation for another, neither one can vote. So upon a motion to strike out the names of a delegation whose seats are contested they cannot vote. But upon the main motion to accept the report, all persons whose names are on the list of members as reported by the committee and amended by the convention are entitled to vote, and they alone. When this report has been adopted, the president should immediately call upon the program committee for a report. The chairman of that committee sub- mits the printed program and moves, or some one else moves, its adoption. This is open to debate and amend- ment, and when once adopted by a majority vote can not be deviated from except by a two-thirds vote of those voting, or by a majority vote of the enrolled membership. The membership of the convention and the program having been decided, the convention is ready for its business as laid down in the program. The two com- mittees, though they have made their reports, are continued through the session, as supplementary re- ports may be required from them. Additional dele- gates may arrive, and speakers on the program may be 296 RULES OF ORDER [§ 7^ sick or unable to be present, or for other reasons a change in the program may be necessary. These two committees should be allowed at any time to make additional reports. The business is conducted as de- scribed in the preceding section, but, of course, the program must be followed. Boards and standing committees and the treasurer are always required to submit annual reports, and sometimes reports are required from various other officers. Generally offi- cers and the board of managers, etc., are elected annually; but some constitutions make the term of office two years, and some provide, in addition, that only about half the officers shall be elected at any one annual meeting. In most organizations it is better to have the term of office begin at the close of the con- vention, so that the same officers will serve throughout the meetings. At the beginning of the first meeting each day the minutes of the preceding day are read and approved. At the close of the convention, if there is not time to read the minutes of the last day, a motion should be adopted authorizing the board, or some committee, to approve the minutes of that day. As the proceedings of a convention are usually pub- lished, a publishing committee should be appointed, which should have the power to edit the proceed- ings. When through with its business the convention adjourns sine die. (b) A Convention not yet Organised. Such a con- vention is similar to a mass meeting, already described in 69, in that when called to order it has no constitu- tion, by-laws, or officers. It has the added difficulty of determining who are entitled to vote. In the mass meeting every one may vote, but in the convention none but properly appointed delegates may vote, and some- times this is a very difficult question to determine justly. §7l] MEETING OF A CONVENTION 297 The convention must have been called by some commit- tee, or body of men, who should have secured the hall and made the preliminary arrangements for the meet- ing. If the convention is a very large one, so that it is necessary to reserve the main floor of the hall for the delegates, the committee should allow only those to enter who have prima facie evidence of their right to membership, and in contested cases both sides should be admitted. The chairman of the committee should call the convention to order, and either he or some one the committee has selected for the purpose should nominate a temporary chairman and a temporary secretary. Next should come the appointment of a committee on credentials, whose duty it is to examine all credentials and report a list of all the delegates who are entitled to seats in the convention. When alternates have been appointed they should be reported also. While the committee on credentials is out, committees may be appointed on nominations of officers, on rules, and on order of business or pro- gram. In a large convention of this kind all com- mittees should be appointed by the chair, and no one whose right to a seat is questioned should be placed on a committee until the convention has acted favorably on his case. Until the committee on creden- tials has reported, no business can be done except to authorize the chair to appoint the above mentioned committees. While waiting for the committee on credentials to report, the time is usually spent in listening to speeches. When the committee reports, the procedure is the same as just described in an organized convention. When that report has been adopted, the convention proceeds to its permanent organization, acting upon the reports of the other three com- mittees previously appointed, taking them in such 298 RULES OF ORDER [§71 order as the convention pleases. When these reports have been acted upon, the convention is organized, with members, officers, rules, and program, and its business is transacted as in other organized delibera- tive assemblies. If the convention adopts rules only for the session, the committee on rules need recom- mend only a fev;^ rules as to the hours for beginnmg the meetings, the length of the speeches, etc., and a rule adopting some standard rules of order, where not in conflict with its other rules. If it is not intended to make a permanent organization, the organization just described is all that is necessary. If the convention is called to make a permanent organization, the committee on nominations is not appointed until after the by-laws are adopted, and the committee on rules should report a constitution and by-laws as in the case of a permanent society [70]. The committee in such case is more usually called the committee on constitution and by-laws. When a convention of this kind is composed of delegates away from their homes it is practically impossible to have them assemble more frequently than once a year, and, therefore, before the convention meets, a constitution and by-laws should be carefully drafted by those interested in calling the convention. Those who drew up the by-laws should be appointed on the committee, in order to avoid delay in reporting them. After the committee has reported a constitution and by-laws the procedure is the same as already described in the previous section in case of acting on a constitu- tion and by-laws for a permanent society [page 287]. When the by-laws are adopted, the officers are elected and committees are appointed as prescribed by the by- laws, and the convention is prepared for its work as already described. §72] LEGAL RIGHTS OF ASSEMBLIES 299 Art. XIII. Legal Rights of Assemblies and Trial of Their Members. 72. Right of an Assembly to Punish its Members 299 73. Right of an Assembly to Eject any one from its Place of Meeting 299 74. Rights of Ecclesiastical Tribunals 300 75. Trial of Members of Societies 302 72. The Right of a Deliberative Assembly to Punish its Members. A deliberative assembly has the inherent right to make and enforce its own laws and punish an offender, the extreme penalty, however, being expulsion from its own body. When expelled, if the assembly is a permanent society, it has the right, for its o\vn protection, to give public notice that the person has ceased to be a member of that society. But it has no right to go beyond what is necessary for self-protection and publish the charges against the member. In a case where a member of a society was expelled, and an officer of the society pubHshed, by its order, a statement of the grave charges upon which he had been found guilty, the expelled member recovered damages from the officer in a suit for libel, the court holding that the truth of the charge? did not affect the case. 73. Right of an Assembly to Eject any one from its Place of Meeting. Every deliberative assembly has the right to decide who may be present during its session ; and when the assembly, either by a rule or by a vote, decides that a certain person shall not remain in the room, it is the duty of the chairman to enforce the rule of order, using whatever force is necessary to eject the party. The chairman can detail member^ to remove the person, without calling upon the police. If. however. 300 RULES OF ORDER [ § 74 in enforcing the order, any one uses harsher measures than is necessary to remove the person, the courts have held that he, and he alone, is liable for damages, just the same as a policeman would be under similar circumstances. However badly the man may be abused while being removed from the room, neither the chair- man nor the society is liable for damages, as, in order- ing his removal, they did not exceed their legal rights. 74. Rights of Ecclesiastical Tribunals. Many of our deliberative assemblies are ecclesiastical bodies, and it is important to know how much respect will be paid to their decisions by the civil courts. A church became divided, and each party claimed to be the church, and therefore entitled to the church property. The case was taken into the civil courts, and finally, on appeal, to the U. S. Supreme Court, which, after holding the case under advisement for a year, sustained the decision of the U. S. Circuit Court. The Supreme Court, in rendering its decision, laid down the broad principle that when a local church is but a part of a large and more general organization or denomination, the court will accept as final'the decision of the highest ecclesiastical tribunal to which the case has been carried within that general church organiza- tion, on all questions of discipline, faith, or ecclesias- tical rule, custom, or law, and will not inquire into the justice or injustice of its decree as between the parties before it. The officers, the ministers, the members, or the church body which the highest judiciary of the denomination recognizes, the court will recognize. Whom that body expels or cuts off, the court will hold to be no longer members of that church. The court laid down the following principles : * * Watson vs. Jones, 13 Wallace U. S. Supreme Court Reports, p. 679. This case was decided April 15, 1872. § 74] ECCLESIASTICAL TRIBUNALS 3OI "Where a church is of a strictly congregational or independent organization, and the property held by it has no trust attached to it, its right to the use of the property must be determined by the ordinary principles which govern ordinary associations. "Where the local congregation is itself a member of a much larger and more important religious organiza- tion and is under its government and control and is bound by its orders and judgments, its decisions are final and binding on legal tribunals. "Courts having no ecclesiastical jurisdiction, cannot revise or question ordinary acts of church discipline; their only judicial power arises from the conflicting claims of the parties to the church property and the use of it." ^ut while the civil courts have no ecclesiastical jurisdiction, and cannot revise or question ordinary acts of church discipline, they do have jurisdiction where there are conflicting claims to church property. An independent church by an almost unanimous vote decided to unite with another independent church. A very small minorit}', less than ten per cent, did not wish to unite with the other church, so they were voted letters of dismission to any other church of like faith and order, against their protest. The majority then directed the trustees to transfer their property to the other church and voted themselves a letter of dismis- sion to unite with that church. The church then voted to disband. The majority presented their letters and were received into the other church. The minor- ity would not use their letters, but took the matter into the courts, which, of course, decided that they were the church and owned the property. According to the practice of churches of the same denomination, no member can he forced out of the church unless 302 RULES OF ORDER [§75 for neglect of his duties as a member. Letters of dismission are granted only on the request of mem- bers, and as a general rule the membership does not terminate until the letter has been used. The church could not terminate the membership of the minority, against whom there were no charges, by voting them letters without their consent. By not using their letters they soon constituted the entire membership and rescinded the order to the trustees to transfer the property to the other church. By the hasty, ill-advised action of almost the entire church the majority lost their property. In cases where property is involved, churches cannot be too careful and it is usually best to act under legal advice. 75. Trial of Members of Societies. Every de- liberative assembly, having the right to purify its own body, must therefore have the right to investigate the character of its members. It can require any of them to testify in the case, under pain of expulsion if they refuse. When the charge is against the member's character, it is usually referred to a committee of investigation or discipline, or to some standing committee, to report upon. Some societies have standing committees whose duty it is to report cases for discipline whenever any are known to them. In either case, the committee investigates the matter and reports to the society. This report need not go into details, but should contain its recommendations as to what action the society should take, and should usually close with resolutions covering the case, so that there is no need for any one to offer any addi- tional resolutions upon it. The ordinary resolutions, where the member is recommended to be expelled, are (1) to fix the time to which the society shall adjourn; § 75] TRIAL OF MEMBERS 303 and (2) to instruct the clerk to cite the member to appear before the society at this adjourned meeting to show cause why he should not be expelled, upon the following charges which should then be given. After charges are preferred against a member, and the assembly has ordered that he be cited to appear for trial, he is theoretically under arrest, and is de- prived of all the rights of mem-bership until his case is disposed of. Without his consent no member should be tried at the same meeting at which the charges are preferred, excepting when the charges relate to some- thing done at that meeting. The clerk should send the accused a written notice to appear before the society at the time appointed, and should at the same time furnish him with a copy of the charges, A failure to obey the summons is gener- ally cause enough for summary expulsion. At the appointed meeting what may be called the trial takes place. Frequently the only evidence re- quired against the member is the report of the com- mittee. After it has been read and any additional evidence offered that the committee may see fit to introduce, the accused should be allowed to make an explanation and introduce witnesses, if he so desires. Either party should be allowed to cross-examine the other's witnesses and introduce rebutting testimony. When the evidence is all in, the accused should retire from the room, and the society deliberate upon the question, and finally act by a vote upon the question of expulsion, or other punishment proposed. No member should be expelled by less than a two-thirds* vote, a quorum voting. The vote should be by ballot, except * The U. S. Constitution [Art. I. Sec. 5] provides that each House of Congress may, •'with the concurrence of two-thirds, expel a member." 304 RULES OF ORDER [§75 by general consent. The members of the committee preferring the charges vote the same as other members. In acting upon the case, it must be borne in mind that there is a vast distinction between the evidence necessary to convict in a civil court and that required to convict in an ordinary society or ecclesiastical body. A notorious pickpocket could not even be arrested, much less convicted by a civil court, simply on the ground of being commonly known as a pickpocket ; while such evidence would convict and expel him from any ordinary society. The moral conviction of the truth of the charge is all that is necessary in an ecclesiastical or other delib- erative body to find the accused guilty of the charges. If the trial is liable to be long and troublesome, or of a very delicate nature, the member is frequently cited to appear before a committee, instead of the society, for trial. In this case the committee reports to the society the result of its trial of the case, with resolutions covering the punishment which it recom- mends the society to adopt. When the committee's report is read, the accused should be permitted to make his statement of the case, the committee being allowed to reply. The accused then retires from the room, and the society acts upon the resolutions submitted by tlie committee. The members of the committee should vote upon the case the same as other members. If the accused wishes counsel at his trial, it is usual to allow it, provided the counsel is a member of the society in good standing. Should the counsel be guilty of improper conduct during the trial, the society can refuse to hear him, and can also punish him. PLAN FOR STUDY OF PARLIAMENTARY LAW INTRODUCTION. These Lesson Outlines are designed to assist clubs and individual students who wish to study Robert's Rules of Order Revised. The Manual is not arranged primarily with a viev/ to study, but for the special object of providing a set of rules for adoption by city councils, corpora- tions, literary societies, clubs, assemblies, and occasional meetings. In studying it the prefer- able way is to learn the few elementary things that one must know in order to take the slightest part in a deliberative meeting and then to learn how with ease to use this Manual to find the cor- rect ruling or decision on any point that may arise. When one has accomplished this, which is covered by the first four lessons outlined below, he is prepared to study in detail any portion of the Manual, and in any order that may suit him. In these Lesson Outlines the four introduc- tory lessons are followed by the all-important subject of Amendments, to which an entire les- son is given. This lesson should be thoroughly mastered, as the subject of amendments is prob- ably equal in difficulty and importance to all the rest of parliamentary law. After Amendments, the order of the subjects in the Manual is followed in the Lesson Outlines with the following exceptions: Incidental Motions are not taken up until all the other motions are disposed of; the Orders of the Day are treated in connection with the motions to Postpone Defi- nitely and Indefinitely, because they are so inti- mately connected, the Orders of the Day being made by postponing to a certain time or by adopting a program; the subject of Committees is treated in connection with the motion to Commit; and to Take from the Table is treated in connection with to Lay on the lable. The Rules of Order is essentially a work of 305 306 PLAN FOR STUDY reference, and the student should keep this in view. He should aim at learning- how to find a ruling quickly, rather than at remembering- the ruling. On this account each student should al- ways have his copy of the book with him at every meeting an-d familiarize himself with its use. Efficiency, however, as a parliamentarian is acquired only by practice. "Book knowledge" is valuable just as with games and athletics, but just as no amount of theoretical knowledge with- out practice will enable a man to excel in play- ing chess or in swimining, so no amount of theo- retical knowledge of parliamentary law without practice will make a man a good practical parliamentarian. If the student has the advantage of being a member ^f a class, the teacher will, doubtless, use parliamentary drills. If he has no teacher he should study the Manual as laid do-wii in the Lesson Outlines, and try to interest others to join him in forming a practice club. This prac- tice club should hold frequent meetings, thus giving an opportunity for putting into practice what has been learned. The officers should be constantly changed so as to give different mem- bers the opportunity to preside. These practice meetings should begin at least as soon as the students have learned what is cov- ered by the first four lessons as outlined further on. At the beginning of each meeting it would be profitable to call for criticisms of the previous meeting. This would encourage the members a^^ter each meeting to investigate all doubtful points that have arisen, and would call attention to mistakes that otherwise would be overlooked. It will be of great assistance to them if during the meetings they have on the walls of their room the three Charts hereafter described. What has just been said in reference to the importance of practice meetings or drills in par- liamentary law applies equally to clubs or so- cieties, as only a few of the simplest rules are usually called for in an ordinary meeting. When INTRODUCTION 307 the club cannot have a suitable teacher it can carry on the work bj^ electing a member to take charge of the parliamentary drills. This leader should study the course so as to be able to take the place of a teacher. It will probably be best in all cases to follow the order of the first four lessons, and perhaps the fifth also. But where the time for the meet- ing is short it may be advisable to increase the number of lessons. After the fifth lesson cir- cumstances may make it advisable to select only a few out of the remaining lessons and omit the others, or to divide some of the lessons. The outlines as given will serve as a basis for a scheme of lessons adapted to the special condi- tions in each case. All through the course there should constantly be drills with open books, to enable the students to acquire facility in referring to a desired point, since, as previously stated, this Alanual is a work of reference. * Three charts, averaging 34 by 42 inches, have been prepared and printed on cloth in large, heavy face type that can be read at a distance of thirty feet. If displayed during every business meeting, they would conduce greatly to the orderly transaction of business. They are a neces- sity for the teacher of parliamentary law, and should be on the wall at every practice meeting or drill whether there is a teacher or not. They enable each member without referring to his book to see instantly when a motion is made whether it is in order, whether it can be amended or debated, whether it opens the main question to debate, whether it requires a two-thirds vote, and what other motions may be made while it is pending. Besides giving the order of precedence of privileged and subsidiary motions, they show the incidental motions, the unclassified motions mentioned on page 58, and what motions to use to accomplish certain objects, as given on page 44. * For information regardin£? these Charts, address Mrs. William Anderson. 211 Eastern Avenue. Pittsl.urcli. I'a. 308 PLAN FOR STUDY LESSON OUTLINES Organizing and Conducting Business in Mass Meetings and Permanent Societies. Organization, pp. 275-277. Offering, Amending, and Adopting Resolutions, pp. 277-280. Committee on Resolutions, pp. 280-283. Permanent Society, 1st Meeting, pp. 284-286. Permanent Society, 2d Meeting, pp. 286-291. Permanent Society, Regular Meeting, pp. 291, 292. Obtaining the Floor, etc., pp. 25-28. Preparing, Making, and Seconding Motions and Resolutions, pp. 33-38. IL Debate, Stating and Putting Questions, and What Motions to Use to Accomplish Certain Objects. Stating the Question, p. 38. Debate, pp. 38, 39. Secondary Motions, p. 40. Putting the Question and Announcing the Vote, pp. 40-43. What Motions to Use to Accomplish Certain Objects, pp. 43-51. [The form of making each of these motions should be explained by the leader or teacher.] in. How to Find if a Motion is in Order, if it can be Debated, Amended, or Reconsidered, and if it Requires a Second, or a 2/3 Vote, etc. Order of Precedence of Motions, p. 5. Table of Rules Relating to Motions, pp. 6-12. [The order of Precedence of Motions, p. 5, should be memorized, and the student should be able by reference to the Table of Rules to find quickly the ruling on any of the 300 questions decided by it.] LESSON OUTLINES 309 IV. Definitions, and How to Find Rulings in the Manual. Plan of the Manual, pp. 20-22. Definitions, pp. 22-24. Plan of the Index, p. 313. Practice in the Use of the Entire Manual for finding Rulings or Decisions. V. Amendments. Amend, pp. 134-152. Inserting or adding, striking out. and striking out and inserting words, pp. 137-140. Amendments affecting an entire paragraph, pp. 140-143. Improper Amendments, pp. 143-146. Motions that cannot be Amended, pp. 146, 147. Amending Minutes, p. 148. Filling Blanks, pp. 148-152. VI. Classification of Motions and Most of the Privi- leged Ones. Alain Motions, pp. 51-54. Subsidiary Motions, pp. 54-56. Incidental Motions, pp. 56. 57. Privileged Motions, pp. 57, 58. Certain Other Alotions, p. 58. Fix the Time to which to Adjourn, pp. 59, 60. Adjourn, pp. 60-64. Take a Recess, pp. 64-66. Questions of Privilege, pp. 66-68. VII. Orders of the Day, and Definite and Indefinite Postponement. Postpone Indefinitely, pp. 152, 153. Postpone Definitely or to a Certain Time, pp. 121-125. Call for the Orders of the Day, pp. 68_-71. General and Special Orders, pp. 71-77. 310 PLAN FOR STUDY VIII. Laying Aside a Question Temporarily, Resuming its Consideration, and Closing and Limiting Debate. Lay on the Table, pp. 104-111. Take from the Table, pp. 154-156. Previous Question, pp. 111-118. Limit or Extend Limits of Debate, pp. 118-120. IX. The Motion to Commit, and Committees. Commit, pp. 125-134. Special and Standing Committees, pp. 211-220. Form of their Reports, pp. 215, 216. Form of Minority Report, p. 216. X. Committees (Concluded). Reception of Committees' Reports, pp. 220-223. Adoption of Committees' Reports, pp. 223-229. Committee of the Whole, pp. 229-233. As if in Committee of the Whole, pp. 233, 234. Informal Consideration, pp. 234, 235. Committees Classified, pp. 206, 207. Boards of Managers, etc., and Executive Com- mittees, pp. 207-210. Ex-Officio Members of Boards and Committees, p. 210. XI. Reconsidering and Rescinding a Vote. Reconsider, pp. 156-165. Reconsider and Enter on the Minutes, pp. 165-168. Rescind, pp. 169, 170. XII. Some Miscellaneous and Incidental Motions. Renew, pp. 171-173. Ratify, pp. 173. 174. Dilatory and Absurd Motions, pp. 174, 175. Incidental Motions, pp. 56, 57. Questions of Order, pp. 78-81. Appeal, pp. 81-83. Suspension of the Rules, pp. 83-87. LESSON OUTLINES 3II XIII. Incidental Motions (Concluded). Objection to the Consideration of a Question, pp. 87-89. Division of a Question, pp. 89-92. Consideration bv Paragraph or Seriatim, pp. 92- 95. Division of the Assembly and Other Motions re- lating to Voting and the Polls, pp. 95, 96. Motions relating to Methods of Making and to Closing and to Reopening Nominations, pp. 96, 97. Parliamentary Inquiry, pp. 98. 99. Request for Information, pp. 99, 100. To Withdraw or Modify a Motion, pp. 100. 101. To Read Papers, pp. 101, 102. To be Excused from a Duty. pp. 102-104. Request for any other Privilege, p. 104. XIV. Debate. Debate, pp. 39 and 178-18Q. Decorum in Debate, pp. 180-182. Closing and Preventing Debate, pp. 182-184. Principles of Debate, pp. 184-187. Motions that Open the Main Question to Debate, p. 187. Undebatable Motions, p. 187. XV. Voting. Voting, pp. 1.88-201. Announcing the Vote, pp. 190, 191. Voting by Ballot, pp. 193-196. Voting by Yeas and Nays. pp. 197, 198. General Consent, pp. 198, 199. Voting by Mail. pp. 199, 200. Voting by Proxy, pp. 200. 201. Votes that are Null and Void even if Unanimous. pp. 201, 202. Motions requiring More than a Majority Vote. pp. 202-206. 312 PLAN FOR STUDY XVI. The Officers and the Minutes. Chairman or President, pp. 236-244. Hints to Inexperienced Chairmen, pp. 242-244. Secretary or Clerk, pp. 244-247. Corresponding Secretary, p. 246. The Minutes, pp. 247-250. Executive Secretary, pp. 250, 251. Treasurer, pp. 251-253. XVII. Nominations and Elections, and Miscellaneous. Session, pp. 253-257. Meeting, pp. 253-255. Quorum, pp. 257-261. Order of Business, pp. 261-263. Nominations and Elections, pp. 263, 264. [As the officers are usually elected by ballot that method of voting (pages 193-196) should be reviewed in connection with this lesson. The incidental motions relating to the methods of making nominations and taking the vote and of closing and reopening nominations and the polls (pages 95-97) should also be reviewed in connec- tion with this lesson.] XVIII. Rules of an Assembly and their Amendments. Constitutions, pp. 264-266. By-laws, pp. 266, 267. Rules of Order, pp. 267, 268. Standing Rules and their Amendment, pp. 268, 269. Amendment of Constitutions, etc., pp. 269-273. Amending a Proposed Amendment to the Consti- tution, etc., p. 272. Review Use of Tables on pages 5-10, and Index. INDEX The figures refer usually to the page where the treatment of the subject begins. The arrangement of the work can be most easily seen by examining the Table of Contents (pp. 1-4); its plan is explained in the Introduction (p. 20). If it is desired to find the proper motion to use to accomplish a certain object, turn to page 44. On pages 5-10 will be found a large amount of information about all the motions in com- mon use, which should be carefully studied so that when the facts are needed they can be quickly found. On those pages will be found, among other things, the circumstances under which any of the common motions may be made; the motions that are in order while a specified motion is pending; and whether a specified motion may be debated, amended, or recon- sidered, and whether it requires a two-thirds vote, etc. In the Index under the title, "Motions, List of," will be found a complete list of motions. To find the details refer to the particular motion in the Index. It is best always to refer to general subjects first, as under them will usually be found all the details. Look under Adjourn, Committee, Debate, Forms, Vote, etc., for illustrations. o PAGE Accept, Adopt, or Agree to 223 Adjourn, motion to 60 when not privileged 63 effect upon unfinished business 63 not used in committee of the whole (see Rise) ... 63 motion to fix the time to which to adjourn 59 Amendment, motion to amend 134 by inserting or adding words 137 by striking out words 138 by striking out and inserting words 139 by inserting or adding, or by striking out, an entire paragraph • 1-1^ by substituting one paragraph for another 141 of an amendment 135 of reports of committees or boards 22S of reports or propositions containing several paragraphs ^3 of Rules of Order, By-laws, and Constitutions... 2f.9 314 INDEX Amendment, continued. page of Standing Rules 268 improper amendments 143 motions that cannot be amended, list of 146 Announcing the Vote 42, 190 Annul 169 Appeal from ttie decision of the chair 81 Apply, meaning of 21 Assembly, how organized and how business is con- ducted in 275 the word to be replaced by Society, Club, etc., when it occurs in forms of questions 22 division of the 95 right to punish members 299 right to eject persons from its room 299 trial of members 302 Ballot, voting by 193 blanks not counted 195 nominating or informal ballot 263 form of report of vote by 196 Blanks, filling of 148 in balloting not to be counted 195 Boards of Trustees. Managers, or Directors 207 rules of procedure in 208 reports of, and their amendment 209 reports of, treated as reports of standing com- mittees 2€2 (See Quorum) Business, how introduced 25 how conducted 25-42. 275-298 to change order of is undebatable and requires a two-thirds vote 85 priority of, questions relating to are undebatable 187 unfinished 63 By-laws, what they should contain 266 adoption of 287, 288 amendment of 269 suspension of 267 Call of the House 175 Call to Order SO Chairman, etc. (presiding officer), mode of address 27 duties of 236 election of 276, 289 temporary, or pro tern 240 INDEX 315 Chairman, continued. pa(;e right to vote when it affects result 238 of a committee 211 of committee of the whole 230 inexperienced, hints to 242 Charts, description of 307 Clerk, (see Secretary) 244 Close Debate now (see Previous Question) Ill at a future time 118 Commit, motion to 125 forms of the motion 130 Committees, Executive, and Boards 207 ex-officio members of 210 of the whole 229 as if in committee of the whole 233 Committees, Special and Standing 211 distinction between special and standing 211 object of 130 appointment of 128 of whom they should be composed 131, 132 proper size of 132 chairman of 131 reporting member of 220 quorum in, consists of a majority 259 manner of conducting business in 213 to discharge 132 Reports of, their form 215 their reception 220 their amendment 228 their adoption or acceptance 223 their place in the order of business 262 common errors in acting upon 222 Minority Reports or Vieus of, their form 216 cannot be acted upon unless moved as a sub- stitute for the committee's (majority's) re- port 216 Congress. Rules of. the basis of this work 20 (Rules of, to be found in footnotes when diflferent from those given in text) Consent, unanimous or general 202 can be given only when a tiuorum is present 259 Consideration of a Question, objection to 87 3l6 INDEX PAGE Constitutions, what they should contain 265 adoption of 287 amendment of 269 cannot be suspended 85 Convention, organizing- and conducting a meeting of a 292, 296 Credentials of delegates 293 Debate 38, 178 what precedes 26 no member to speak but twice on same day in same . . 39 no speech to be longer than ten minutes 39 number and length of speeches in Congress (Note) 178 member reporting measure has right to close 179 tinde^ata'ble questions, list of 187 motions that open the main question to 187 principles regulating the extent of 184 decorum in 180 to close now (Previous Question) Ill to close at future time 118 to limit or extend limits of 118 two-thirds vote required to close, limit, or extend 205 Decorum in Debate 180 Definitions of various terms 22 Delegates, organization of a meeting of 292. 296 credentials of 293 Dilatory IVlotions not permitted 174 Disorderly words in debate 181 Division of the assembly 95 of the question 89 Duties of Officers (see Chairman, Secretary, Execu- tive Seci'etary and Treasurer) Ecclesiastical Tribunals, legal rights of 300 Eject persons from the room, right of assembly to. 299 Elections 263 Errors, common 222 Executive Board 207 Executive Committee 207 Executive Secretary 250 Ex-officio members of boards and committees 210 Expulsion of members requires a 2/3 vote 303 Expunge 170 Extend the limits of debate 118 Filling blanks, 148 INDEX 317 pa(;e Fix the time to which to Adjourn, motion to 59 when not privileged 59 Floor, how to obtain 27 necessary to obtain, in order to make a motion.. 27 Forms of making motions 33 a resolution 34, 35 a preamble 35 stating questions 38 putting questions 40 announcing the result of a vote 41 tellers' report of vote by ballot 196 acting on reports of committees 220, 223 acting on reports or resolutions containing sev- eral paragraphs 92 reports of committees 215 treasurers' reports 252 minutes of a meeting 248 (Under each motion the form of making it and of stating and putting the question is given if the form is peculiar) General Consent 202 Hints to Inexperienced Chairmen 242 House, Call of the 175" Immediately pending question, meaning of 23 I ncidental motions or questions nB main m.otions or questions 52 Indecorum, leave to continue speaking after SO Indefinite postponement 152 Informal consideration of a question 234 Information, Request for 99 Introduction of Business 25 Inquiry, Parliamentary 9R Journal (see M.itiutcs) 247 Lay on the table, motion to 104 Leave to continue speaking after indecorum SO modify or withdraw a motion 100 read papers 101 be excused from a duty 102 Legal Rights (see Assemhhj and Ecclesiastical Tri- bunals) Lesson Outlines 308 Limit debate, motion to US Main motions or questions 51 incidental main motions or questions 52 3l8 INDEX PAGE Majority, defined 24, 202 Meeting, distinction between it and Session 254 how to conduct an occasional or mass meeting-. . 275 how to conduct a meeting to organize a society. . 284 how to conduct a regular meeting- of a society. . . 291 how to conduct a meeting of delegates (a conven- tion) 292 Members not to be present during a debate con- cerning themselves 182 not to vote on questions personal to themselves. 192 trial of 302 not to be expelled by less than a 2/3 vote 303 Minority Report, or Views (see Committees) 216 Minutes, form and contents of 248 correction of before adoption 147 correction of after adoption 148, 159 Moderator (see Chairman) 27 Modification of a motion by the mover 100. Motions, list of (for details see each motion in the Index) accept a report 223 adjourn 60 adjourn, fix the time to which to 59 add words (see Amendment) 137 add a paragraph (see Amendvxent) 140 adopt a report (same as Accept) 223 agree to (same as Adopt) 223 amend 134 annul 169 appeal 81 blanks, filling 148 call to order 80 close debate now (previous question) Ill close debate at a future time US commit, or refer, or recommit 125 consideration of a question, objection to 87 divide the assembly 95 divide the question 89 expunge 170 extend the limits of debate 118 fix the time to which to adjourn 59 incidental motions or questions 56 inci'ieiital main motions or questions 52 INDEX 319 Motions, list of, continued. page indefinitely postpone 152 informal consideration of a question 234 insert words (see Amendment) I37 insert a paragraph (see Amendment) 140 lay on the table 104 leave to continue speaking when guilty of inde- corum 80 leave to read papers 101 leave to be excused from a duty 102 leave to withdraw or modify a motion 100 limit debate 118 main motions or questions 51 objection to the consideration of a question 87 order, questions of 78 order, to make a special 73, 124 orders of the day. call for 6S permission, to grant (see Leave) postpone to a certain time, or definitely 121 postpone indefinitely 152 previous question Ill principal (same as Main) motions or questions.. 51 priority of business, questions relating to 187 privileged motions or questions 57 privilege, questions of 66 reading papers 101 reception of a report (see Committees) 220 recommit (same as Commit) 125 reconsider 156 reconsider and enter on the minutes 165 r^fer (same as Commit) -. 125 renewal of a motion 171 rescind, repeal,- or annul 169 rise (in committee of the whole equals adjourn) . 63. 231 special order, to make a 73, 124 strike out words (see Amendment) 138 strike out a paragraph 140 strike out and insert words (see Amendment) 139 strike out and insert a paragraph (same as Sub- stitute) 141 subsidiary motions or questions 54 substitute (one form of Amendment, which see).. 141 suspension of the rules 83 320 INDEX Motions, list of, continued. PAGE take from the table 154 take up a question out of its proper order 85, 86 withdrawal of a motion 100 Motions, Table of rules relating to 6 ' order of precedence of 5 classified according to their object 44 classified into Privileged, Incidental, Subsidiary, etc 51-58 how to be made 33 a second required (with certain exceptions) 36 to be stated by chairman before being discussed. 38 when to be in writing 34 how to be divided 89 how to be modified by the mover 100 how to be stated 38 how to be put to the question 40 that are in order when another has the floor.. 32 that do not require a second 37 that cannot be amended 146 that cannot be debated 187 that cannot be reconsidered 158 that open main question to debate 187 that require 2/3 vote for their adoption 205 that are null and void even if adopted unani- mously 201 dilatory, absurd, or frivolous, not allowed 174 Nominating Ballot 263 Nominations, how treated 96, 263, 276 closing and reopening 97 seconding 263 Numbers of paragraphs, clerk to correct without a vote 148 Objection to consideration [introduction] of a question 87 Obtaining the floor 27 Officers of an assembly (see Chairman, Secretary, Treasurer, and Vice President) 277 election of 276 temporary, or pro tem 240 Order, questions of and a call to 78 of business 261 of the day 71 general 72 INDEX 321 Order, continued. page special 73 of precedence of motions 5 Organization of an occasional or mass meeting 275 of a semi-permanent mass meeting 283 of a permanent society 284 of a convention or assembly of delegates 292. 290 Papers and Documents, reading of 101 in custody of secretary 245 Parliamentary Inquiry 98 Parliamentary Law, its origin, etc 15 Pending question, meaning of 23 immediately pending question, meaning of 23 Plan for Study of Parliamentary Law 305 Plan of the Manual 20 Plurality Vote defined 24 Postpone to a certain time 121 indefinitely 152 Preamble, form of 35 considered after the resolution 94 Precedence of motions, order of 5 meaning of 21 President or Presiding Officer (see Chairman) 236 Previous Question Ill Principal, or Main, Motion or Question 51 Priority of Business, questions relating to 187 Privilege, questions of fifi Privileged Motions or Questions 57 Program of a meeting (same as Orders of the Day) 74 Proxy Voting , 200 Putting the question, form of 40 Questions (see Forms, Motions. Privilege, Pririlened, Order, Stating, and Putting) Quorum 257 when there is no rule, consists of a majority.... 258 committees and boards cannot decide upon 259 in Congress and Parliament 261 Reading of Papers 101 Reception of a Report (see Committees) 220 Recess, to take a 64 Recommit (see Commit) 125, 130 Reconsider 156 motions that cannot be reconsidered 158 Reconsider and have entered on the minutes 165 322 INDEX PAGE Record, or Minutes 247 Recording Officer (see Secretary) 244 Refer (same as Commit) 12ri Renewal of a motion 171 Reporting member of a committee, defined 220 Reports of committees (see Committees) Requests of any Ivind 97 Rescind 169 Resolutions, forms of 34, 35 not in order if conflicting with Constitution, By- laws. Rules of Order, or Standing Rules... 201, 269 Restore to membership or office 170 Rights of assemblies (see Assemhhj) 299 of ecclesiastical tribunals 300 Rise, motion to, in committee equals adjourn. . .63, 231 Rules of Debate (see Debate) 38. 178 of Order, what they should contain 267 of Order, amendment of 269 of Order, suspension of 83 Standing, what they should contain 268 Standing, amendment or suspension of 268 relating to motions, Table of 6 Seconding, motions that do not require 37 Secretary, duties of 244 election of 276 corresponding 24