Henry M. Robert

“ There seems to be no reason or good precedent for permitting merely two persons, by moving a reconsideration, to suspend for any length of time all action under resolutions adopted by the assembly, and yet where the delay is very short the advantages of reconsideration overbalance the evils.
Where a permanent society has meetings weekly or monthly, and usually only a small proportion of the society is present, it seems best to allow a reconsideration to hold over to another meeting, so that the society may have notice of what action is about to be taken. ”

“ The unfortunate habit many chairmen have of constantly speaking upon questions before the assembly, even interrupting the member who has the floor, is unjustified by either the common parliamentary law, or the practice of Congress. One who expects to take an active part in debate should never accept the chair. “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. ”

“ The object of Rules of Order in deliberative assemblies, is to assist an assembly to accomplish the work for which it was designed, in the best possible manner. To do this, it is necessary to somewhat restrain the individual, as the right of an individual in any community to do what he pleases, is incompatible with the best interests of the whole. ”

“ When the chairman thinks it has been modified to suit the wishes of the assembly, he inquires, “Are you 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, will say aye;” and then, “As many as are opposed, will say no.” He distinctly announces the result of the vote, which should always be done. If the articles of the Constitution are subdivided into sections or paragraphs, then the amendments should be made by sections or paragraphs, instead of by articles. ”

“ Some societies prohibit a question from being taken from the table, except by a two-thirds vote. This rule deprives the society of the advantages of the motion to “lie on the table.” because it would not be safe to lay a question aside temporarily, if one-third of the assembly were opposed to the measure, as that one-third could prevent its ever being taken from the table. A bare majority should not have the power, in ordinary societies, to adopt or reject a question, or prevent its consideration, without debate. ”

“ Whenever a motion has been made and seconded, it is the duty of the chairman, if the motion is in order, to state the question so that the assembly may know what question is before them. The seconding of a motion is required to prevent a question being introduced when only one member is in favor of it, and consequently but little attention is paid to it in mere routine motions, or when it is evident that many are in favor of the motion ”

“ A committee is a miniature assembly that must meet together in order to transact business, and usually one of its members should be appointed its clerk. Whatever is not agreed to by the majority of the members present at a meeting (at which a quorum, consisting of a majority of the members of the committee, shall be present) cannot form a part of its report. The minority may be permitted to submit their views in writing also, either together, or each member separately, but their reports can only be acted upon, by voting to substitute one of them for the report of the committee. ”

“ Where there is only one candidate for an office, and the constitution requires the vote to be by ballot, it is common to authorize the clerk to cast the vote of the assembly for such and such a person; if any one objects however, it is necessary to ballot in the usual way. So when a motion is made to make a vote unanimous, it fails if any one objects. ”

“ The question of consideration is seldom raised in Congress, but in assemblies with very short sessions, where but few questions can or should be considered, it seems a necessity that two-thirds of the assembly should be able to instantly throw out a question they do not wish to consider. ”

“ No one can vote on a question affecting himself, but if more than one name is included in the resolution (though a sense of delicacy would prevent this right being exercised, excepting when it would change the vote) all are entitled to vote; for if this were not so, a minority could control an assembly by including the names of a sufficient number in a motion, say for preferring charges against them, and suspend them, or even expel them from the assembly. When there is a tie vote the motion fails, without the Chairman gives his vote for the affirmative, which in such case he can do. ”

“ As each house adopts its own rules, it results that the two houses of the same legislature do not always agree in their practice; even in Congress the order of precedence 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. ”

“ The Standing Rules of some societies are really By-Laws, as the society cannot suspend them, nor can they be amended until previous notice is given. This produces confusion without any corresponding benefit. Standing Rules should contain only such rules as are subject to the will of the majority of any meeting, and which it may be expedient to change at any time, without the delay incident to giving previous notice. Rules of Order should contain only the rules relating to the orderly transaction of the business in the meetings of the society. ”

“ Usually the formality of a vote on the reception of a report of a committee is dispensed with, the time being settled by general consent. Should any one object, a formal motion becomes necessary. When the time arrives for the assembly to receive the report, the chairman of the committee reads it in his place, and then delivers it to the clerk, when it lies on the table till the assembly sees fit to consider it. ”

“ No member can speak the second time to a question, until every member choosing to speak has spoken. But an amendment, or any other motion being offered, makes the real question before the assembly a different one, and, in regard to the right to debate, is treated as a new question. Merely asking a question, or making a suggestion, is not considered as speaking. ”

“ By the Constitution, one-fifth of the members present can, in either house of Congress, order a vote to be taken by yeas and nays, and to avoid some of the resulting inconveniences various rules and customs have been established, which are ignored in this Manual, as according to it the yeas and nays can only be ordered by a majority, which prevents its being made use of to hinder business. In representative bodies it is very useful, especially where the proceedings are published, as it enables the people to know how their representatives voted on important measures. ”

“ Business cannot be considered out of its order, except by a two-thirds vote; but a majority can lay on the table the different questions as they come up, and thus reach a subject they wish first to consider. If a subject has been made a Special Order for this meeting, then it is to be considered immediately after the minutes are read. ”

“ In many societies the secretary, besides acting as recording officer, collects the dues of members, and thus becomes to a certain extent a financial officer. In most cases the treasurer acts as banker, only paying on the order of the society, signed by the secretary alone, or by the president and secretary. In such cases the secretary becomes in reality the financial officer of the society, and should make reports to the society, of funds received and from what sources, and of the funds expended and for what purposes. ”

“ When an assembly has meetings for several days consecutively, they all constitute one session. Each session of a society is independent of the other sessions, excepting as expressly provided in their Constitution, By-Laws, or Rules of Order, and excepting that resolutions adopted by one session are in force during succeeding sessions until rescinded by a majority vote [see note to § 49] . ”

“ Every deliberative 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. In § 36 is shown the method of procedure when a member is charged with violating the rules of decorum in debate. If the disorderly words are of a personal nature, before the assembly proceeds to deliberate upon the case, both parties to the personality should retire. ”

“ Disbursing officers cannot be too careful in keeping their accounts, and they should insist upon having their accounts audited every time they make a report, as by this means any error is quickly detected and may be corrected. When the society has accepted the auditing committee’s report that the financial report is correct, the disbursing officer is relieved from the responsibility of the past, and if his vouchers were lost afterwards, it would cause no trouble. ”

“ It is not the man, but the measure, that is the subject of debate. If at any time the Chairman rises to state a point of order, or give information, or otherwise speak, within his privilege [see § 40] , the member speaking must take his seat till the Chairman has been first heard. When called to order, the member must sit down until the question of order is decided. If his remarks are decided to be improper, he cannot proceed, if any one objects, without the leave of the assembly expressed by a vote, upon which question there shall be no debate. ”

“ In all cases where his vote would affect the result, or where the vote is by ballot, he can vote. When a member rises to speak, he should say, “Mr. Chairman,” and the chairman should reply, “Mr. A;” he should not interrupt a speaker as long as he is in order, but should listen to his speech, which should be addressed to him and not to the assembly. The chairman should be careful to abstain from the appearance of partizanship, but he has the right to call another member to the chair while he addresses the assembly on a question; when speaking to a question of order he does not leave the chair. ”

“ If no limit is prescribed, any member may speak as often as he can get the floor, and as long each time as allowed in debate in the assembly, provided no one wishes the floor who has not spoken on that particular question. Debate having been closed at a particular time by order of the assembly, it is not competent for the committee, even by unanimous consent, to extend the time. ”

“ The Constitution, By-Laws, Rules of Order and Standing Rules should all be written in one book, leaving every other page blank; and whenever an amendment is made to any of them, it should be immediately entered on the page opposite to the article amended, with a reference to the date and page of the minutes where is recorded the action of the society.
The secretary has the custody of all papers belonging to the society, not specially under charge of any other officer. Sometimes his duties are also of a financial kind, when he should make such reports as are prescribed in the next section. ”

“ The principles involved, are, that every officer who receives money is to account for it in a report to the society, and that whatever officer is responsible for the disbursements, shall report them to the society. If the secretary, as in many societies, is really responsible for the expenses, the treasurer merely paying upon his order, then the secretary should make a full report of these expenses, so classified as to enable the society to readily see the amounts expended for various purposes. ”

“ The vast number of societies, political, literary, scientific, benevolent and religious, formed all over the land, though not legislative, are still deliberative in their character, and must have some system of conducting business, and some rules to govern their proceedings, and are necessarily subject to the common parliamentary law where it does not conflict with their own special rules. ”

“ The chairman should not only be familiar with parliamentary usage, and set the example of strict conformity to it, but he should be aman of executive ability, capable of controlling men; and it should never be forgotten, that, to control others, it is necessary to control one’s self. ”

“ In ordinary practice, a meeting is closed by moving simply “to adjourn;” the society meet again at the time provided either by their rules or by a resolution of the society. If they do not meet till the time for the next regular meeting, as provided in the By-Laws, then the adjournment closed the session, and was in effect an adjournment without day. ”

“ 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. ”

“ The chairman can detail members to remove the person, without calling upon the police. If, however, in enforcing the order, any one uses harsher treatment than is necessary to remove the person, the courts have held that he, and he alone is liable to prosecution, 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 chairman nor the society are liable for damages, as, in ordering his removal, they did not exceed their legal rights. ”

“ Note On Reconsider.—In the English Parliament a vote once taken cannot be reconsidered, but in our Congress it is allowed to move a reconsideration of the vote on the same or succeeding day, and after the close of the last day for making the motion, any one can call up the motion to reconsider, so that this motion cannot delay action more than two days, and the effect of the motion, if not acted upon, terminates with the session. ”