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the term of a portion of the members, the adjournment shall put an end to all business unfinished at the close of the session. The business can be introduced at the next session, the same as if it had never been before the a.s.sembly.
12. Questions of Privilege. Questions relating to the rights and privileges of the a.s.sembly, or any of its members, take precedence of all other questions, except the two preceding, to which they yield. The Previous Question [-- 20] can be applied to these, as to all other debatable questions.
13. Orders of the Day. A call for the Orders of the Day takes precedence of every other motion, excepting to Reconsider [-- 27], and the three preceding, to which latter three it yields, and is not debatable, nor can it be amended. It does not require to be seconded.
When one or more subjects have been a.s.signed to a particular day or hour, they become the Orders of the Day for that day or hour, and they cannot be considered before that time, except by a two-thirds vote [-- 39]. And when that day or hour arrives, if called up, they take precedence of all but the three
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preceding questions [---- 10, 11, 12]. Instead of considering them, the a.s.sembly may appoint another time for their consideration. If not taken up on the day specified, the order falls to the ground.
When the Orders of the Day are taken up, it is necessary to take up the separate questions in their exact order, the one first a.s.signed to the day or hour, taking precedence of one afterwards a.s.signed to the same day or hour. (A motion to take up a particular part of the Orders of the Day, or a certain question, is not a privileged motion). Any of the subjects, when taken up, instead of being then considered, can be a.s.signed to some other time.
The Form of this question, as put by the Chair when the proper time arrives, or on the call of a member, is, "Shall the Order of the Day be taken up?" or, "Will the a.s.sembly now proceed with the Orders of the Day?"
The Effect of an affirmative vote on a call for the Orders of the Day, is to remove the question under consideration from before the a.s.sembly, the same as if it had been interrupted by an adjournment [-- 11].
The Effect of a negative vote is to dispense
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with the orders merely so far as they interfere with the consideration of the question then before the a.s.sembly.
Incidental Motions.
[---- 14-18; see -- 8]
14. Appeal [Questions of Order]. A Question of Order takes precedence of the question giving rise to it, and must be decided by the presiding officer without debate. If a member objects to the decision, he says, "I appeal from the decision of the Chair." If the Appeal is seconded, the Chairman immediately states the question as follows: "Shall the decision of the Chair stand as the judgement of the a.s.sembly?"* [The word a.s.sembly can be replaced by Society, Convention, Board, etc., according to the name of the organization.] This Appeal yields to Privileged Questions [-- 9]. It cannot be amended; it cannot be debated when it relates simply to indecorum [-- 36], or to transgressions of the rules of speaking, or to the priority of business, or if it is made while the previous question [-- 20] is pending. When debatable, no member is allowed to speak but once, and whether debatable or not, the presiding officer, without leaving the
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Chair, can state the reasons upon which he bases his decision. The motions to Lie on the Table [-- 19], or for the Previous Question [-- 20], can be applied to an Appeal, when it is debatable, and when adopted they affect nothing but the Appeal. The vote on an Appeal may also be reconsidered [-- 27]. An Appeal is not in order when another Appeal is pending.
It is the duty of the presiding officer to enforce the rules and orders of the a.s.sembly, without debate or delay. It is also the right of every member, who notices a breach of a rule to insist upon its enforcement.
In such cases he shall rise from his seat, and say, "Mr. Chairman, I rise to a point of order." The speaker should immediately take his seat, and the Chairman requests the member to state his point of order, which he does, and resumes his seat. The Chair decides the point, and then, if no appeal is taken, permits the first member to resume his speech. If the member's remarks are decided to be improper, and any one objects to his continuing his speech, he cannot continue it without a vote of the a.s.sembly to that effect. Instead of the method just described, it is usual, when it is simply a case of improper language used in debate, for a member to say, "I call the gentleman to order;"
the Chairman
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decides whether the speaker is in or out of order, and proceeds as before. The Chairman can ask the advice of members when he has to decide questions of order, but the advice must be given sitting, to avoid the appearance of debate; or the Chair, when unable to decide the question, may at once submit it to the a.s.sembly. The effect of laying an appeal on the table, is to sustain, at least for the time, the decision of the Chair, and does not carry to the table the question which gave rise to the question of order.
15. Objection to the Consideration of a Question. An objection can be made to any princ.i.p.al motion [-- 6], but only when it is first introduced, before it has been debated. It is similar to a question of order [-- 14,] in that it can be made while another member has the floor, and does not require a second; and as the Chairman can call a member to order, so can he put this question if he deems it necessary, upon his own responsibility. It can not be debated [-- 35] or have any subsidiary motion [-- 7] applied to it. When a motion is made and any member "objects to its consideration," the Chairman shall immediately put the question, "Will the a.s.sembly consider it?" or, "Shall the question be considered"
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[or discussed]? If decided in the negative by a two-thirds vote [-- 39], the whole matter is dismissed for that session [-- 42]; otherwise the discussion continues as if this question had never been made.
The Object of this motion is not to cut off debate (for which other motions are provided, see -- 37), but to enable the a.s.sembly to avoid altogether any question which it may deem irrelevant, unprofitable or contentious.* [In Congress, the introduction of such questions could be temporarily prevented by a majority vote under the 41st Rule of the House of Representatives, which is as follows: "Where any motion or proposition is made, the question, 'Will the House now consider it?'
shall not be put unless it is demanded by some member, or is deemed necessary by the Speaker." The English use the "Previous Question," for a similar purpose [see note to -- 20]. The question of consideration is seldom raised in Congress, but in a.s.semblies with very short sessions, where but few questions can or should be considered, it seems a necessity that two-thirds of the a.s.sembly should be able to instantly throw out a question they do not wish to consider. The more common form, in ordinary societies, of putting this question, is, "Shall the question be discussed?" The form to which preference is given in the rule conforms more to the Congressional one, and is less liable to be misunderstood.]
Reading Papers. [For the order of precedence, see -- 8.] Where papers are laid before the a.s.sembly, every member has a right to have them once read before he can be compelled to vote on them, and whenever a member asks for the reading of any such
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paper, evidently for information, and not for delay, the Chair should direct it to be read, if no one objects. But a member has not the right to have anything read (excepting stated above) without getting permission from the a.s.sembly.
17. Withdrawal of a Motion. [For order of precedence, see -- 8.] When a question is before the a.s.sembly and the mover wishes to withdraw or modify it, or subst.i.tute a different one in its place, if no one objects, the presiding officer grants the permission; if any objection is made, it will be necessary to obtain leave to withdraw, etc., on a motion for that purpose. This motion cannot be debated or amended.
When a motion is withdrawn, the effect is the same as if it had never been made.* [In Congress, a motion may be withdrawn by the mover, before a decision or amendment [Rule 40, H. R.]. Nothing would be gained in ordinary societies by varying from the common law as stated above.]
18. Suspension of the Rules. [For the order of precedence, see -- 8.]
This motion is not debatable, and cannot be amended, nor can any subsidiary [-- 7] motion be applied to it, nor a vote on it be reconsidered [-- 27],
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nor a motion to suspend the rules for the same purpose be renewed [-- 26]
at the same meeting, though it may be renewed after an adjournment, though the next meeting be held the same day.* [In Congress, it cannot be renewed the same day.] The rules of the a.s.sembly shall not be suspended except for a definite purpose, and by a two-thirds vote.
The Form of this motion is, to "suspend the rules which interfere with,"
etc., specifying the object of the suspension.
Subsidiary Motions.
[---- 19-24; see -- 7.]
19. To Lie on the Table. This motion takes precedence of all other Subsidiary Questions [-- 7], and yields to any Privileged [-- 9] or Incidental [-- 8] Question. It is not debatable, and cannot be amended or have any other subsidiary motion [-- 7] applied to it. It removes the subject from consideration till the a.s.sembly vote to take it from the table.
The Form of this motion is, "I move that the question lie on the table,"
or, "that it be laid on the table," or, "to lay the question
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on the table." When it is desired to take the question up again, a motion is made, either "to take the question from the table," or "to now consider such and such a question;" which motion is undebatable, and cannot have any subsidiary motion applied to it.
The Object of this motion is to postpone the subject in such a way, that at any time it can be taken up, either at the same or some future meeting, which could not be accomplished by a motion to postpone, either definitely or indefinitely. It is also frequently used to suppress a question [-- 59], which it does, provided a majority vote can never be obtained to take it from the table during that session [-- 42].
The Effect of this motion is in general to place on the table everything that adheres to the subject; so that if an amendment be ordered to lie on the table, the subject which it is proposed to amend, goes there with it. The following cases are exceptional: (a) An appeal [-- 14] being laid on the table, has the effect of sustaining, at least for the time, the decision of the Chair, and does not carry the original subject to the table. (b) So when a motion to reconsider [-- 27] a question is
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laid on the table, the original question is left where it was before the reconsideration was moved. (c) An amendment to the minutes being laid on the table does not carry the minutes with it.
Even after the ordering of the Previous Question up to the moment of taking the last vote under it, it is in order to lay upon the table the questions still before the a.s.sembly.
20. The Previous Question* [The Previous Question is a technical name for this motion, conveying a wrong impression of its import, as it has nothing to do with the subject previously under consideration. To demand the previous question is equivalent in effect to moving "That debate now cease, and the a.s.sembly immediately proceed to vote on the questions before it," (the exceptions are stated above). The English Previous Question is an entirely different one from ours, and is used for a different purpose. In the English Parliament it is moved by the enemies of a measure, who then vote in the negative, and thus prevent for the day, the consideration of the main question, (which in this country could be accomplished by "objecting to the consideration of the question" [-- 15], if the objection were sustained). In our Congress, it is moved by the friends of a measure, who vote in the affirmative with a view to cutting off debate and immediately bringing the a.s.sembly to a vote on the questions before it. The rules in the two cases are as different as the objects of the motions. It requires only a majority vote for its adoption in the House of Representatives, and is not allowed in the United States Senate.] takes precedence of every debatable question [-- 35], and yields to Privileged [-- 9] and Incidental [-- 8]
questions, and to the motion to Lie on the table [-- 19]. It is not debatable, and cannot be amended or have any other Subsidiary
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