Pocket Manual of Rules of Order for Deliberative Assemblies/Article 1

by Henry M. Robert

Layout 2

 

Art. I. Introduction of Business.

[§§ 1–5.]

1. All business should be brought before the assembly by a motion of a member, or by the presentation of a communication to the assembly. It is not usual, however, to make a motion to receive the reports of committees [§ 30] or communications to the assembly; and in many other cases in the ordinary routine of business, the formality of a motion is dispensed with; but should any member object, a regular motion becomes necessary.

2. Before a member can make a motion or address the assembly upon any question, it is necessary that he obtain the floor; that is, he must rise and address the presiding officer by his title, thus: “Mr. Chairman,” who will then announce the member’s name.^[1] Where two or more rise at the same time, the Chairman must decide who is entitled to the floor, which he does by announcing that member’s name. In making his decision he should be guided by the following principles:

(a) The member upon whose motion the subject under discussion was brought before the assembly (or, in case of a committee’s report, the one who presented the report,) is entitled to be recognized as having the floor (if he has not already had it during that discussion), notwithstanding another member may have first risen and addressed the chair. (b) No member who has once had the floor is again entitled to it while the same question is before the assembly, provided the floor is claimed by one who has not spoken to that question.^[2] (c) As the interests of the assembly are best subserved by allowing the floor to alternate between the friends and enemies of a measure, the Chairman, when he knows which side of a question is taken by each claimant of the floor, and their claim is not determined by the above principles, should give the preference to the one opposed to the last speaker.

From this decision of the Chairman any two members can make an appeal [§ 14]. Where there is doubt as to who is entitled to the floor, the Chairman can at the first allow the assembly to decide the question by a vote—the one getting the largest vote being entitled to the floor.

After the floor has been assigned to a member he cannot be interrupted by calls for the question,^[3] or by a motion to adjourn, or for any purpose, by either the Chairman or any member, except (a) to have entered on the minutes a motion to reconsider [§ 27]; (b) by a call to order [§ 14]; (c) by an objection to the consideration of the question [§ 15]; (d) by a call for the orders of the day [§ 13],^[4] or (c) by a question of privilege that requires immediate action, as shown in § 12.

In such cases the member, when he rises and addresses the Chair, should state at once for what purpose he rises, as, for instance, that he “rises to a point of order.”

3. Before any subject is open to debate [§ 34] it is necessary, first, that a motion be made; second, that it be seconded (see exceptions below); and third, that it be stated by the presiding officer.^[5] When the motion is in writing it shall be handed to the Chairman, and read before it is debated.

This does not prevent suggestions of alterations, before the question is stated by the presiding officer. To the contrary, much time may be saved by such informal remarks; which, however, must never be allowed to run into debate. The member who offers the motion, until it has been stated by the presiding officer, can modify his motion, or even withdraw it entirely; after it is stated he can do neither, without the consent of the assembly [see §§ 5, 17]. When the mover modifies his motion, the one who seconded it can withdraw his second.

Exceptions: A call for the order of the day, a question of order (though not an appeal), or an objection to the consideration of the question [§§ 13, 14, 15], does not have to be seconded; and many questions of routine are not seconded or even made; the presiding officer merely announcing that, if no objection is made, such will be considered the action of the assembly.

4. All Principal Motions [§ 6], Amendments and Instructions to Committees, should be in writing, if required by the presiding officer. Although a question is complicated, and capable of being made into several questions, no one member (unless there is a special rule allowing it) can insist upon its being divided; his resource is to move that the question be divided, specifying in his motion how it is to be divided. Any one else can move, as an amendment to this, to divide it differently.

This Division of a Question is really an amendment [§ 23], and subject to the same rules. Instead of moving a division of the question, the same result can be usually attained by moving some other form of an amendment. When the question is divided, each separate question must be a proper one for the assembly to act upon, even if none of the others were adopted. Thus, a motion to “commit with instructions,” is indivisible; because, if divided, and the motion to commit should fail, then the other motion to instruct the committee would be improper, as there would be no committee to instruct.^[6] The motion to “strike out certain words and insert others,” is indivisible, as it is strictly one proposition.

5. After a question has been stated by the presiding officer, it is in the possession of the assembly for debate; the mover cannot withdraw or modify it, if any one objects, except by obtaining leave from the assembly [§ 17], or by moving an amendment.^[7]

1. If the Chairman has some other title, as President, Moderator, etc., he is addressed by his special title, thus: “Mr. President’’ [See § 34]. If the Chairman rise to speak before the floor has been assigned to any one, it is the duty of a member who may have previously risen to take his seat. [See Decorum in Debate, § 36.]
2. See § 26 for an explanation of what is necessary to technically change the question before the assembly.
3. It is a plain breach of order when a member has the floor for any one to call for the question or an adjournment; and the Chairman should protect the speaker in his right to address the assembly.
4. See note at close of § 13.
5. Examples of the various forms of making motions are given in §§ 46, 54. Forms of stating questions will be found in § 65.
6. The 46th Rule of the House of Representatives requires the division of a question on the demand of one member, provided “it comprehends propositions in substance so distinct that one being taken away, a substantive proposition shall remain for the decision of the House.’’ But this does not allow a division so as to have a vote on separate items or names. The 121st Rule expressly provides that on the demand of one-fifth of the members a separate vote shall be taken on such items separately, and others collectively, as shall be specified in the call, in the case of a bill making appropriations for internal improvements. But this right to divide a question into items extends to no case but the one specified. The common parliamentary law allows of no division except when the assembly orders it, and in ordinary assemblies this rule will be found to give less trouble than the Congressional one.
7. Rule 40 H. R. is as follows: “After a motion is stated by the Speaker, or read by the Clerk, it shall be deemed to be in the possession of the House, but it may be withdrawn at any time before a decision or amendment.” The practice under this rule has been, not to allow a motion to be withdrawn after the previous question has been seconded. This manual conforms to the old parliamentary principle, which is probably better adapted to ordinary societies. In certain organizations it will, doubtless, be found advisable to adopt a special rule like the Congressional one just given.