Parliamentary committee

“ The argument in favor of the system of committees is the impossibility of a large deliberative body's examining every matter within the scope of its action in detail; the objection to it is the possibility of more easily corrupting or deceiving a small body than a large one; but whatever be the argument against it as a matter of theory, the committee system is fully recognized as a necessity and is too firmly intrenched in parliamentary practice to be successfully argued against. A select committee is one appointed at a special time to consider and report on a given topic ”

“ The custom in many societies of the presiding officer appointing as chairman of the committee the member making the motions for its appointment is objectionable and has no good precedent or warrant in parliamentary procedure; he is no more entitled to be chairman, or even to be one of the committee, than any other member is; moreover, such an appointment often leads to a very embarrassing condition of affairs, since the mover may be the most incompetent member for the position; furthermore, the custom bars all the members but one from being chairman of such committee. ”

“ In modern parliamentary practice, immense importance attaches to the work of standing committees; and so true is this that modern legislation has been by some termed government by committee. Almost every matter brought before such bodies as the United States Congress and the legislatures of the several States is at once referred to a standing committee, which holds meetings by itself, examines the subject closely, summons witnesses, if necessary, and at length reports back to the main body its findings and conclusions, with recommendation to act favorably or adversely. ”

“ It proposed that a parliament should meet every year, to sit not less than a certain number of days, nor more than another certain number, each of which should be fixed by law; that if at the close of a session any parliamentary business remained unfinished, a committee should be appointed with power to sit and bring it to a conclusion; that a new parliament should be summoned every two years, unless the former parliament had been previously dissolved with its own consent ”

“ Thus is the parliamentary rule which forbids a person unfriendly to the business of the committee, whatever it may be, whether bill or inquiry, from serving on the committee, one of those inhibitions by which public business is promoted, by which impartiality is secured, [Pg 55] and especially by which a minority is shielded against the wantonness of power. ”

“ Only the Committees are enlightened. There is a conclusive objection to the publication of the proceedings of the Committees, which is recognized as of course by all parliamentary lawyers, namely, that those proceedings are of no force till confirmed by the House. A Committee is commissioned, not to instruct the public, but to instruct and guide the House. ”

“ This requirement is according to obvious reason, and is sustained by parliamentary authorities. In familiar language, a proposition is committed to its friends and not to its enemies.
In illustration of this rule, we are told that members who have spoken directly against what is called “the body of the bill,” meaning, of course, the substance of the inquiry, are not expected to serve on the committee, but, should they be so nominated, to decline. Their presence on a committee is not unlike participation in a trial by a judge or juror interested in the result. ”

“ When the committee is one for deliberation, or investigation, it should be larger and represent all parties, so that the fullest debate may be had in committee, and its opinion and recommendations, as contained in its report, carry as great weight as possible, because if any important faction is not represented the usefulness of the committee may be greatly impaired, and the chance of unpleasant debate in the assembly increased. In either case it is well to have a committee consist of an uneven number, in order to avoid a tie vote. ”

“ At the public meeting the plan of association was adopted; the committee then became "the Committee of Association," and Fox was again elected chairman. Contact with popular feeling seems to have strengthened the tone of the committee, and enlisted its energies more definitely on behalf of Parliamentary reform; for a sub-committee was appointed, which reported to a meeting on the 27th of June. ”

“ While the assembly is acting as a committee of the whole the only action in order is to recommend to the assembly at large the adoption of, or rejection of the matter under discussion, or such other recommendation of action as comes within the authority of ordinary committees, and to move that the committee rise and report. Being a dependent body it cannot make any rule for itself unless authorized by the parent body, and its decision only amounts to an informal vote on the question at issue. ”

“ In many societies the presiding officer of the assembly is regarded as ex-officio a member of all communities; there is, however, no good authority for this, since only those persons regularly placed on a committee should be regarded as members thereof, neither does it follows that if he is a member of a committee, as, unless it is so ordered by the assembly, the committee cannot be deprived of its right to elect its own chairman. ”

“ The above regulation to apply also to the case of citizens imprisoned at the time of being named representatives.
Art. 38. Every representative of the people is to receive a remuneration, which he is not at liberty to renounce.
Art. 39. The sittings of the Assembly are to be public. Nevertheless, the Assembly may form itself into a secret committee, on the requisition of a number of representatives, as settled by the rules. Each representative has the right of initiating parliamentary measures, which he will do according to the forms determined by the regulations. ”

“ The decision in the Committee was wise, for the success of parliamentary government depends upon the fact that the leaders in the Commons possess the influence required to command the support of their followers, and this can be secured only by having them selected, formally or informally, by the members of the party in Parliament. A man chosen by a popular body outside might well be quite unable to lead the House. ”

“ A quorum, that is the number that must be present in order to transact business, is a majority of the committee. A committee has no right to discipline any of its members: if any member obstructs business, its only recourse is to report the facts to the assembly for its action. If a committee finds that its investigations will involve expense that has not been authorized, it must obtain from the assembly such authority before incurring the expense. ”

“ When the House goes into committee, according to the formal Parliamentary phrase, the temptation to obstruct becomes indefinitely multiplied, for in committee a member can speak as often as he thinks fit on the subject—or, at least, such was his privilege before the alterations adopted in very recent years. ”

“ When the committee meets, the proceedings are usually quite informal. The committee cannot limit debate. Members do not rise and address the chair to make motions or to debate, nor does the chair need to stand while putting questions. Motions are not seconded and members may speak as many times as they please but no longer at any time than is allowed in the assembly. The chairman, instead of abstaining from debate and from expressing his opinions as in the assembly, usually takes the most active part in the debate and puts questions to vote on his own initiative after an informal discussion. ”

“ If only one of these methods is mentioned, the chair assumes that to be the will of the assembly just as if a vote had been taken. Otherwise the chair puts the questions to vote without any motion in the order (1) , (2) , (3) without reference to the order in which they were made. If it is adopted the chair at once calls for nominations from the floor. If objection is made no member can nominate more than one member of the committee, until every member has had an opportunity to make a nomination. Except in very large bodies nominations are made by calling out the name without rising. ”

“ When it is desired to consider a question in an assembly with the freedom of a committee, a motion should be made to consider the question informally. This motion has the same rank as to commit, and if it is adopted members may speak on the main question and its amendments as often as they can obtain the floor. In recognizing members as having the floor the chair must give the preference to members who have not spoken. ”

“ If it is desired to have a smaller quorum than a majority for a board or standing committee it must be provided for in the by-laws of the parent body. It is impracticable for a majority of the members of an ordinary society to be present at many of the meetings, so it has been found best to authorize a smaller quorum. In large societies the quorum is often less than 10 per cent, of the membership.
Session and Meeting. Each regular or special meeting of a society, together with its adjourned meetings, constitutes a session. ”

“ In case the committee makes recommendations and neglects to submit resolutions to carry them out, the recommendations should all be repeated at the close of the report and the committee's chairman should move their adoption. If this motion is adopted the recommendations become the recommendations of the assembly the same as if it had originated them. It is seldom that a report should contain recommendations without resolutions to carry them out. ”

“ The tellers then retire and count the ballots, bringing back for the assembly's decision any question about which there is difference of opinion. The decision by the tellers themselves must always be unanimous.
At the annual or periodical election of officers most societies have a nominating committee previously appointed which submits a ticket with the name of a nominee for each office. ”

“ After a member has accepted an office or membership on a committee, he cannot relieve himself from the responsibility of such service until the society has accepted his resignation, or has had a reasonable opportunity to accept it and to fill the vacancy. A member accepts an office if he does not decline it at the first opportunity. ”

“ Only those whose credentials are not disputed have a right to vote. After the membership has been decided, the assembly will, by vote, perfect the organization by making the temporary officers the permanent, or by electing permanent officers, or by appointing a committee to nominate permanent officers, to be approved by the assembly. As soon as the permanent officers are elected the temporary officers retire, the permanent officers taking their places and the assembly is fully organized for business. ”

“ Where proxy voting is allowed a proxy committee should be appointed a reasonable time before the voting begins, in order that this committee, after ascertaining who have given proxies, to whom given, extent of power conferred, etc., may prepare a list for the use of the secretary, and report to the assembly before the voting begins. ”

“ If there is to be but one ballot it should be the electing ballot after nominations have been made from the floor, or by a nominating committee and nominations from the floor.
Mr. N. I move to amend the motion by striking out the word "and" and inserting the words "by a committee of three appointed by the chair, and that they be," so that the motion will read, "that the alternates be nominated by a committee of three appointed by the chair, and that they be elected by ballot."
Mr. M. Mr. President, that is not a proper amendment to my motion. ”

“ If the society is to be a permanent one the presiding officer is usually called the president. A vice president is also elected, to preside in the absence of the president; a secretary to keep a record of the doings of the society, and such other officers as are necessary to properly perform the duties required by the organization. In such cases immediately after the temporary organization, as described in section 5, has been completed, a carefully selected committee should be appointed to draft a constitution, by-laws and rules. ”

“ He must have sufficient knowledge of committees to enable him, without embarrassment, to serve as chairman of one. He must thoroughly understand the subject of amendments, which is the most important, and, perhaps, the most difficult part of parliamentary law. ”

“ It has been impossible to carry out the programme of the Constitution; and, without careful reform, the national legislature will even more dangerously approach the perilous model of a mass meeting. There are several ways in which Congress can be so integrated as to impart to its proceedings system and party responsibility. That may be done by entrusting the preparation and initiation of legislation to a single committee in each house, composed of the leading men of the majority in that house. ”

“ Not only were the existing members to continue as members of the new Parliament, thus depriving the places they represented of their right of choosing representatives, but they were to constitute a Committee of Revision, and in this capacity to determine the validity of each election and the fitness of the members returned.
The Parliament driven out. ”

“ These committees are admirably calculated to diffuse knowledge, to communicate intelligence, and promote unanimity. If the high whigs are generally of such committees, it is because the freeholders, who choose them, are such, and therefore prefer their peers. The tories, high or low, if they can make interest enough among the people, may get themselves chosen, and promote the great cause of parliamentary revenues, and the other sublime doctrines and mysteries of toryism. ”