The New International Encyclopædia/Parliamentary Law

PARLIAMENTARY LAW. The body of rules and precedents regulating the procedure of deliberative assemblies. Certain rules of parliamentary procedure have always been found necessary for the accomplishment of the purposes for which deliberative assemblies are called. Experience has shown that restrictions must be placed on individual members in the general interest of the whole body; that mere customary rules are insufficient, and hence regular parliamentary codes must be prepared for the government of deliberative assemblies. In the United States this has become almost a distinct branch of the law, and its mastery is highly essential to the success of the legislator. The necessary officers of a deliberative assembly are a chairman, usually called Speaker, president, or moderator, and a secretary or clerk. It is the duty of the presiding officer to call the meeting to order; to state clearly all questions brought before the assembly; to put motions properly made and in their proper order; to preserve order and enforce the rules of procedure; and decide questions of order subject to the right of appeal to the whole assembly. These are his primary duties, but he may in addition participate in debate as any other member, and vote in case of a tie. It is the duty of the secretary to keep a record of the proceedings of the meeting, including a correct statement of every motion made and the manner in which it was disposed of; the names of members of all committees appointed; a true copy of every resolution passed with the affirmative and negative votes cast therefor, etc.

Business is or should be brought before an assembly by motion of a member or in the form of a resolution which is presented by a member who at once moves its adoption. If it is a mass meeting called for a particular purpose, a motion is made for the appointment of a chairman, who, upon taking the chair, asks for a statement of the purpose for which the meeting is called. A proposition which is presented to an assembly is usually called a motion if it relates to a matter of secondary importance; and a resolution, if of greater importance. The difference is of no practical consequence, however, since a resolution may be offered as a motion and a motion may be presented in the form of a resolution. The member upon whose motion the subject under discussion was brought before the assembly, or upon whose report the conclusion of a committee is presented, is entitled to be recognized as having the floor, although another member may have already risen and addressed the chair. No member who has once had the floor is again entitled to it while the same question is before the assembly so long as any member who has not spoken claims the privilege of the floor. From the decision of the chairman as to the claim of two members for the floor an appeal may be taken, or, in first instance, the chairman may refer the question directly to the assembly for decision. It is the custom, except in the United States Congress, to require important motions to be seconded as a means of assurance that the measure has the support of more than one member. The motion is often seconded as a matter of course, even though the person seconding it may not favor it. After the motion has been made and seconded, the chairman clearly states it to the assembly and then recognizes the author of the motion as entitled to the floor if he wishes to claim it, otherwise the first member who rises and addresses the chair. The question is now before the assembly and cannot be withdrawn or modified by the mover, if any member objects, except by obtaining leave from the assembly or by moving an amendment. Before the chair has put the question, however, the mover may withdraw it without the consent of the assembly.

The question on the adoption of a motion or resolution is usually known as the main question, and during the consideration of it the introduction of any other question is not permissible, but it is allowable to make subsidiary motions that may aid in disposing of the main question, or such as arise incidentally in the course of the consideration of the main question, or such as relate to the rules of procedure, the privileges of members, or the termination of the meeting. Among the subsidiary motions for disposing of the main question, all of which must be decided before the main question can be acted upon, are: First in precedence, the motion to lay on the table. The purpose of this motion is to postpone further consideration of the question until some future time, when it may again be taken up, which would not be allowable had the question been disposed of by a motion to postpone either definitely or indefinitely. This is a common method of suppressing a question, and is successful whenever a majority cannot be found to take it from the table during the session. A motion to lay on the table is not open to debate, cannot be amended, nor can another subsidiary motion be applied to it. The effect of the motion is usually to place on the table everything pertaining to the subject; thus, if an amendment be ordered to lie on the table the subject which it is proposed to amend is also laid on the table. A second means of disposing of the main question by means of a subsidiary motion is the demand for the previous question. This takes precedence of every debatable question, but is itself open to neither debate nor amendment. It applies to questions of privilege as well as to any other debatable question. Its effect is to stop immediately all debate and bring the assembly to a vote on the question pending. When a demand is made for the previous question and seconded, the presiding officer immediately puts the question. “Shall the main question now be put?” If the question is lost, the discussion continues as if the motion had not been made. The previous question requires a two-thirds vote for its adoption, may be demanded on a pending amendment, and if carried, debate on the amendment only is closed, the main question being still open to debate and amendment. It may also be used on an amendment to an amendment. (See Previous Question.) A third method of disposing of the main question is by means of the motion to postpone to a certain day. Debate on this motion is limited, and must not go into the merits of the subject matter any further than may be necessary to enable the assembly to judge of the propriety of the postponement. The object of this motion is to postpone further consideration of the subject until a certain time, during which period it cannot be taken up except by a two-thirds vote. When that time arrives the question is entitled to be taken up in preference to everything except privileged questions. In the fourth place, the main question may he disposed of by a motion to commit or recommit. The purpose of this motion is to refer the subject to a committee. If different committees are proposed, they should be voted on in the following order: (1) Committee of the whole; (2) a standing committee; (3) a special committee. The committee, if a select one, may be appointed by the Chair or nominated by a member or members and elected by the assembly. The motion to commit is debatable, and the merits of the question may be gone into. In the next place, the main question may be disposed of by a motion to amend, which may take either of the following forms: (1) to ‘add’ or ‘insert’ certain words or sentences; (2) to ‘strike out’; (3) to ‘strike out certain words and insert others’; (4) to ‘substitute’; and (5) to ‘divide the question.’ A paragraph once inserted cannot be struck out or amended except by adding to it. Similarly, words inserted cannot be struck out except by a motion to strike out the paragraph or a portion thereof. Certain motions are never open to amendment; among these are the motions to adjourn, to lay on the table, to postpone indefinitely, to reconsider, an amendment of an amendment, a demand for the previous question, for the orders of the day, and all incidental questions. An amendment may itself be amended, but not so as to alter its form. While an amendment is pending it is not in order to make another motion to amend until the first amendment is disposed of. Lastly, the main question may be disposed of by a motion to postpone indefinitely. This motion opens to debate the whole question which it is proposed to amend, but, as already observed, it cannot itself be amended. Its effect is to withdraw the question from the further consideration of the assembly for the remainder of the session. The previous question applies to this motion without affecting the main question.

What are called incidental questions are those which often arise in the course of the consideration of the main question, and consequently take precedence of the questions out of which they arise. Such questions are unamendable, and, with a single exception, are undebatable. The incidental questions are those of appeal, objection to the consideration of a question, the reading of papers, leave to withdraw a motion, and suspension of the rules. The appeal arises out of objection raised to a decision of the chair on a question of order. The decision of the presiding officer is made without debate, and if a member objects to the result of the decision, he may say “I appeal from the decision of the Chair.” If the appeal is seconded, the chairman puts the question as follows: “Shall the decision of the Chair stand as the judgment of the assembly?” If there is a tie vote the decision of the Chair is sustained. The appeal is the only incidental question which is open to debate, and there are a few eases when it cannot be debated. When debatable, no member is allowed to speak more than once. If the presiding officer neglects to enforce the rules of procedure, any member may call his attention to the breach of order by rising and saying, “Mr. Chairman, I rise to a point of order,” whereupon the chairman will request the member to state his objection, which he does, and then resumes his seat. If the chairman decides that the point of order is not well taken, and no appeal is made against the decision, the first member is permitted to resume his speech. If the decision sustains the point of order, and objection is made, he cannot continue without a vote of the assembly. It is in order for any member to object to the consideration of the main question before debate has begun on it. The objection does not require a second, and may be made while another member has the floor. It cannot be debated, amended, or have any other subsidiary motion applied to it. Whenever objection is raised to the consideration of a motion the chairman states the question, “Shall the question be considered?” Unless an affirmative vote of a two-thirds majority is secured, further consideration for the remainder of the session is ended, otherwise the discussion continues as though objection had never been raised. The purpose of this motion is not to cut off debate, but to avoid the discussion of any question which may seem irrelevant or inexpedient. Any member has the right to ask for the reading of papers for the information of the assembly, but if an objection is raised, the decision is rendered by the Chair subject to appeal to the assembly. It is in order for the mover of a question which is before the assembly to withdraw it or substitute another in its place, if no one objects. If objection is made, it is necessary to obtain leave to withdraw or substitute, which may be done by motion. Such a motion is neither debatable nor amendable. A motion to suspend the rules is one of the important incidental motions. Like the others of its kind, it cannot be debated or amended. It cannot be renewed at the same meeting for the same purpose, nor is it allowable except for a definite purpose, and then only by a two-thirds vote.

Another class of motions are those which are commonly known as privileged questions. They take precedence of all other questions, and are not open to debate except when they relate to the rights of the assembly or of its members. Privileged questions include motions to fix a time for adjournment, to adjourn, motions relative to rights and privileges of the assembly or of its members, and the call for the orders of the day. The motion to fix a day for adjournment takes precedence of all other privileged motions, and is in order even after the assembly has voted to adjourn, provided the chairman has not announced the result of the vote. Next in precedence is the motion to adjourn. This motion is neither debatable, amendable, nor open to reconsideration after a vote has been taken. If the adjournment does not close the session, all unfinished business has precedence over new business at the next meeting, and is treated as if there had been no adjournment. If the adjournment closes the session, and the next session is that of a new assembly, an end is put to all business unfinished at the close of the session, and it can be brought before the assembly only by being reintroduced. Questions of privilege are decided by the presiding officer, subject to the right of any two members to appeal from the decision. The assignment of one or more subjects to a particular day constitutes the orders of the day, and they are not open to consideration before that time except by a two-thirds vote. The orders of the day are classified as special and general, the former always taking precedence of the latter. A special order involves suspension of all rules that interfere with its consideration at the time specified, and it therefore requires a two-thirds vote to make any question a special order. The effect of an affirmative vote is to withdraw the question then under consideration as though an adjournment had happened. It is in order at any time, even though the floor is already occupied, to move a reconsideration of a previous vote on any measure, unless another question is before the assembly at the time. Unless the vote is by ballot, the motion to reconsider must be made by a member of the prevailing side, and only on the day the vote was taken which it is proposed to consider. No question can be twice reconsidered, and a motion to reconsider cannot be amended, although it is debatable, and when debated it opens up for discussion the entire subject to be reconsidered. If the motion to reconsider is carried, the original question is in the condition it was in before the first vote was taken, and must be disposed of as if it had never been voted on. No one can debate the question reconsidered who had previously exhausted his right of debate on the question, although it is allowable to discuss it while the motion to reconsider is before the assembly.

The preliminary work of deliberative bodies is usually prepared by means of conmiittees. These may be standing committees appointed for a definite time, select committees appointed for a special purpose, and committees of the whole consisting of the entire assembly. The first person named on a committee is usually the chairman, whose duty it is to call the committee together. A committee may facilitate its labors by the appointment of a subcommittee of its own membership. A committee report is usually made by the chairman, is signed by the members and delivered to the clerk. In case of disagreement among the members, there may be a majority and a minority report. The report of the majority is the report of the committee, and it may be adopted by the assembly, rejected, or recommitted. After the report has been adopted, the question is open to amendment as if there had been no committee report. An assembly may go into ‘committee of the whole’ for the consideration of a subject which it does not wish to refer to a committee, but which it is desired to consider with the freedom and informality which characterizes the procedure of committees. When this is done, the presiding officer calls another member to the chair and takes his place as a member of the committee. During the consideration by committee of the whole no motions are in order except to amend and adopt, or that the committee ‘rise and report.’ Debate may be without limit unless the assembly votes that debate in committee shall cease at a certain time, and until then any member may speak as often as he can get the floor if no one else who has not had an opportunity to speak on the question claims it. When the debate is concluded, a motion is made that ‘the committee rise and report.’ This motion is always in order and is undebatable. When it is adopted, the presiding officer of the assembly resumes the chair, while the chairman of the committee, having resumed his place in the assembly, reports to the Chair the decision of the committee. Like other committees, the committee of the whole has no power to alter the text of any resolution referred to it. It is the practice of many deliberative assemblies to consider certain questions ‘informally’ without going into committee of the whole, a procedure which is not very different from that of committee of the whole. This is the practice of the United States Senate in the consideration of measures on their second reading.

Debate upon a motion begins after it has been stated by the chairman and is closed by the chairman rising to put the question. If the presiding officer thinks the debate has ended, he inquires if the assembly is ready for the question, and if no one claims the floor, he puts the question to a vote. The rule of the United States House of Representatives requires that those favoring the motion shall indicate their preference by saying Aye, and those opposing it say No. If when the presiding officer announces the result any member rises and expresses doubt as to the correctness of the result, or calls for a division, the presiding officer requests those who favor the motion to rise. After counting these and announcing the result, those opposed are requested to rise. These are counted and the final result is then declared. Or he may appoint tellers to make the count and report to him. Whenever there is a tie vote, the motion is lost unless the presiding officer gives his vote for the affirmative. If his vote will cause a tie, he may cast it and thus defeat the measure. Still another form of ascertaining the wish of members is the ballot. The following motions require a two-thirds vote for their adoption: Amendment or suspension of the rules, making of special orders, objections to the consideration of a question, the demand for the previous question, and the closing or limiting of debate.

The most convenient and in some respects the most authoritative manual of parliamentary law is Robert, Rules of Order (Chicago, 1883 and 1901). Consult, also, Stevens, Law of Assemblies (Minneapolis, 1901); Hackett, The Gavel and the Mace (New York, 1900); Thomas Brackett Reed, Rules of Order; Cushing, Manual of Parliamentary Practice (Boston); Rules and Practices of the Senate and House of Representatives of the United States (Washington).