Henry Martyn Robert

“ 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. When an amendment is pending the debate must be confined to the merits of the amendment, unless it is of such a nature that its decision practically decides the main question. Merely asking a question, or making a suggestion, is not considered as speaking. ”

“ 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 terminates 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 continuity of the meetings, which in reality constitute one session. ”

“ If it is desired to give greater stability 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 adoption, 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. ”

“ When the vote is viva voce or by rising, the nomination is like a motion 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 seconded. Sometimes a nominating ballot is taken in order to ascertain the preferences of the members. But in the election of the officers of a society it is more usual to have the nominations made by a committee. ”

“ 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 recognition by the chair before speaking or making 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. ”

“ If a member could in no case vote on a question 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 suspending or expelling them. ”

“ 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 action, or when, for any other reason, it is desirable 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." ”

“ While some of the rules of Congress are adapted only to legislative assemblies, and others only to the House that adopts them, yet its rules and practice, except where manifestly unsuited to ordinary deliberative assemblies, should, and do determine the parliamentary law of the country. The people of the United States will never accept the rules and practice of the legislature, or of deliberative assemblies, of any state, or even of any section of the country, as of equal authority with the practice of the National Congress in determining the parliamentary law for the whole country. ”

“ 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 disposing of it, just as is the case when one offers a resolution. ”

“ 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 societies it is seldom that two-thirds of the members—that is, two-thirds of the entire membership—is ever present at a meeting. ”

“ In a strictly deliberative assembly 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. ”

“ A Call for the Orders of the Day (which, in an ordinary assembly, is a demand that the assembly conform to its program or order of business) can be made at any time when no other privileged [14] motion is pending and the order of business is being varied from, and only then. It requires no second, and is in order when another has the floor, even though it interrupts a speech, as a single member has a right to demand that the order of business be conformed to. It is out of order to call for the orders of the day when there is no variation from the order of business. ”

“ By general, or unanimous, or silent, consent the assembly can do business with little regard for 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 protect the rights of absent members, or the right to a secret vote. ”

“ 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. ”

“ 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 unfortunate 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 pending question is disposed of. ”

“ Rules of Order should contain only the rules relating to the orderly transaction of business in the meetings and to the duties of the officers. 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 uniformity of procedure, so far as possible, in all societies all over the country. Societies should, therefore, adopt some generally accepted rules of order, or parliamentary manual, as their authority, and then adopt only such pecial rules of order as are needed to supplement their parliamentary authority. ”

“ 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 conventions 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. ”

“ The quorum of any other deliberative assembly with an enrolled 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 majority of those enrolled as members. ”

“ Experience has shown the importance of definiteness in the law; and in this country, where customs are so slightly established and the published manuals of parliamentary 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. ”

“ In ordinary deliberative assemblies the right to debate questions before taking final action upon them should never be suppressed by less than a two-thirds vote, and the motion to lay on the table should be used only for its legitimate parliamentary purpose of laying aside a question temporarily.
Where the practice of Congress differs from that of Parliament, the common law of this country usually follows the practice of Congress. ”

“ Should a minority make an improper use of this form of the motion to reconsider by applying 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 reconsideration could be called up and disposed of. The mere making of this motion would probably 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. ”

“ One of the most prolific causes of confusion in deliberative assemblies is the neglect of the chair to keep the assembly well informed as to what is the pending business. The habit of announcing 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 corner next before the assembly. ”

“ As each house adopts its own rules, the result is 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. ”

“ An amendment to anything already adopted is not a subsidiary motion. The matter to be amended is not pending and is therefore not affected by anything done with the amendment, provided it is not adopted. Such an amendment is a main motion subject to amendments of the first and second degrees. If the motion is to strike out an entire resolution that has been adopted, it is usually called to Rescind and is explained under that head [37] . If the motion is to amend a by-law, etc., it will be found under Amendments of Constitutions, By-laws, etc. ”

“ While any member has the right to insist upon a rising vote, or a division, where there is any question as to the vote being a true expression of the will of the assembly, the chair should not permit this privilege to be abused to the annoyance of the assembly, by members constantly demanding a division where there is a full vote and no question as to which side is in the majority. ”

“ Unless the assembly has appointed a chairman, either directly or through its presiding 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 appointed one, and which a standing committee usually does. ”

“ When any request is to be made the member rises and addresses the chair, and as soon as he catches the eye of the chairman, states at once why he rises. He should rise as soon as a member yields the floor, and, though the floor is assigned to another, he still makes his request. He should never interrupt a member while speaking unless he is sure that the urgency of the case justifies it. As a rule all such questions are settled by general consent, or informally, but, if objection is made, a vote is taken. An explanation may be requested or given, but there is no debate. ”