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(a) Highly privileged questions, as a rule, should not be debated, as in that case they could be used to prevent the assembly from coming to a vote on the main question; (for instance, if the motion to adjourn were debatable, it could be used [see Sec. 11] in a way to greatly hinder business). High privilege is, as a rule, incompatible with the right of debate on the privileged question.
(b) A motion that has the effect to suppress a question before the assembly, so that it cannot again be taken up that session [Sec. 42], allows of free debate. And a subsidiary motion [Sec. 7, except commit, which see below,] is debatable to just the extent that it interferes with the right of the assembly to take up the original question at its pleasure.
Illustrations: To "Indefinitely Postpone" [Sec. 24] a question, places it out of the power of the assembly to again take it up during that session, and consequently this motion allows of free debate, even involving the whole merits of the original question.
To "Postpone to a certain time" prevents the assembly taking up the question till the specified time, and therefore allows of limited debate upon the propriety of the postponement.
To "Lie on the Table" leaves the question so
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that the assembly can at any time consider it, and therefore should not be, and is not debatable.
To "Commit" would not be very debatable, according to this rule, but it is an exception, because it is often important that the committee should know the views of the assembly on the question, and it therefore is not only debatable, but opens to debate the whole question which it is proposed to refer to the committee.
36. Decorum in Debate [see Sec. 2]. In debate a member must confine himself to the question before the assembly, and avoid personalities. He cannot reflect upon any act of the assembly, unless he intends to conclude his remarks with a motion to rescind such action, or else while debating such motion. In referring to another member, he should, as much as possible, avoid using his name, rather referring to him as "the member who spoke last," or in some other way describing him. The officers of the assembly should always be referred to by their official titles. It is not allowable to arraign the motives of a member, but the nature or consequences of a measure may be condemned in strong terms. 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
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Sec. 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.
Disorderly words should be taken down by the member who objects to them, or by the clerk, and then read to the member; if he denies them, the assembly shall decide by a vote whether they are his words or not. If a member cannot justify the words he used, and will not suitably apologize for using them, it is the duty of the assembly to act in the case, requiring both members to withdraw* [If both are personally interested. [See page 161.]] till it has decided its course, it being a general rule that no member should he present in the assembly when any matter relating to himself is under debate. If any business has taken place since the member spoke, it is too late to take notice of any disorderly words he used.
37. Closing Debate. Debate upon a question is not closed by the Chairman rising to put the question, as, until both the affirmative
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and negative are put, a member can claim the floor, and re-open debate [see Sec. 38]. Debate can be closed by the following motions, which are undebatable [Sec. 35], and, except to Lie on the Table, shall require a two-thirds* [In Congress, where each speaker can occupy the floor one hour, any of these motions to cut off debate can be adopted by a mere majority. In ordinary societies harmony is so essential, that a two-thirds vote should be required to force the assembly to a final vote without allowing free debate.] vote for their adoption [Sec. 39]:
(a) An objection to the consideration of a question [only allowable when the question is first introduced, Sec. 15], which, if sustained, not only stops debate, but also throws the subject out of the assembly for that session [Sec. 42]; which latter effect is the one for which it was designed.
(b) To lie on the table [Sec. 19], which, if adopted, carries the question to the table, from which it cannot be taken without a majority favors such action.
(c) The previous question [Sec. 20], which has the effect of requiring all the questions before the assembly [excepting as limited in Sec. 20] to be put to vote at once without further debate. It may be applied merely to an amendment or to an amendment of an amendment.
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(d) For the assembly to adopt an order (1) limiting debate upon a special subject, either as to the number or length of the speeches; or (2) closing debate upon the subject at a stated time, when all pending questions shall be put to vote without further debate. Either of these two measures may be applied only to a pending amendment, or an amendment thereto, and when this is voted upon, the original question is still open to debate and amendment.
Art. VI. Vote. [Sec.Sec. 38-39.]
38. Voting. Whenever from the nature of the question it permits of no modification or debate, the Chairman immediately puts it to vote; if the question is debatable, when the Chairman thinks the debate has been brought to a close, he should inquire if the assembly is ready for the question, and if no one rises he puts the question to vote. There are various forms for putting the question, in use in different parts of the country. The rule in Congress, in
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the House of Representatives, is as follows: "Questions shall be distinctly put in this form, to-wit: 'As many as are of the opinion that (as the question may be) say Aye;' and after the affirmative voice is expressed, 'As many as are of the contrary opinion, say No.'" The following form is very common: "It has been moved and seconded that (here state the question). As many as are favor of the motion say Aye; those opposed, No." Or, if the motion is for the adoption of a certain resolution, after it has been read the Chairman can say, "You have heard the resolution read; those in favor of its adoption will hold up the right hand; those opposed will manifest it by the same sign." These examples are sufficient to show the usual methods of putting a question, the affirmative being always put first.
When a vote is taken, the Chairman should always announce the result in the following form: "The motion is carried—the resolution is adopted," or, "The ayes have it—the resolution is adopted." If, when he announces a vote, any member rises and states that he doubts the vote, or calls for a "division," the
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Chairman shall say, "A division is called for; those in favor of the motion will rise." After counting these, and announcing the number, he shall say, "Those opposed will rise." will count these, announce the number, and declare the result; that is, whether the motion is carried or lost. Instead of counting the vote himself, he can appoint tellers to make the count and report to him. When tellers are appointed, they should be selected from both sides of the question. A member has the right to change his vote (when not made by ballot) before the decision of the question has been finally and conclusively pronounced by the Chair, but not afterwards.
Until the negative is put, it is in order for any member, in the same manner as if the voting had not been commenced, to rise and speak, make motions for amendment or otherwise, and thus renew the debate; and this, whether the member was in the assembly room or not when the question was put and the vote partly taken. In such case the question is in the same condition as if it had never been put.
No one can vote on a question affecting
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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. Where his vote will make a tie, he can cast it and thus defeat the measure.
Another form of voting is by ballot. This method is only adopted when required by the constitution or by-laws of the assembly, or when the assembly has ordered the vote to be so taken. The Chairman, in such cases, appoints at least two tellers, who distribute slips of paper upon which each member, including the Chairman,* [Should the Chairman neglect to vote before the ballots are counted, he cannot then vote without the permission of the assembly.] writes his vote; the votes are then collected, counted by the tellers, and the result reported to the Chairman, who announces
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it to the assembly. The Chairman announces the result of the vote, in case of an election to office, in a manner similar to the following: "The whole number of votes cast is —; the number necessary for an election is —; Mr. A. received —; Mr. B. —; Mr. C. —. Mr. B. having received the required number is elected —." 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. In counting the ballots all blanks are ignored.
The assembly can by a majority vote order that the vote on any question be taken by Yeas and Nays.* [Taking a vote by yeas and nays, which has the effect to place on the record how each member votes, is peculiar to this country, and while it consumes a great deal of time, is rarely useful in ordinary societies. 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. In some small bodies a vote on a resolution must be taken by yeas and nays, upon the demand of a single member.] In this method of voting the Chairman states both sides of the question
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at once; the clerk calls the roll and each member as his name is called rises and answers yes or no, and the clerk notes his answer. Upon the completion of the roll call the clerk reads over the names of those who answered the affirmative, and afterwards those in the negative, that mistakes may be corrected; he then gives the number voting on each side to the Chairman, who announces the result. An entry must be made in the minutes of the names of all voting in the affirmative, and also of those in the negative.
The form of putting a question upon which the vote has been ordered to be taken by yeas and nays, is similar to the following: "As many as are in favor of the adoption of these resolutions will, when their names are called, answer yes [or aye]—those opposed will answer no." The Chairman will then direct the clerk to call the roll. The negative being put at the same time as the affirmative, it is too late, after the question is put, to renew the
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debate. After the commencement of the roll call, it is too late to ask to be excused from voting. The yeas and nays cannot be ordered in committee of the whole [Sec. 32].
39. Motions Requiring More than a Majority Vote.* [Where no rule to the contrary is adopted, a majority vote of the assembly, when a quorum [Sec. 43] is present, is sufficient for the adoption of any motion, except for the suspension of a rule, which can only be done by general consent, or unanimously. Congress requires a two-thirds vote for only the motions to suspend and to amend the Rules, to take up business out of its proper order, and to make a special order [see note to Sec. 37].] The following motions shall require a two-thirds vote for their adoption, as the right of discussion, and the right to have the rules enforced, should not be abridged by a mere majority:
An Objection to the Consideration of a Question .............. Sec. 15. To Take up a Question out of its proper order ................ Sec. 13. To Suspend the Rules ......................................... Sec. 18. The Previous Question ........................................ Sec. 20. To Close or Limit Debate ..................................... Sec. 37. To Amend the Rules (requires previous notice also) ........... Sec. 43. To Make a special order ...................................... Sec. 13.
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Art. VII. The Officers and the Minutes. [Sec.Sec. 40, 41.]
40. Chairman* [In connection with this section read Sec. 44, and also Sec. 40, 41.] or President. The presiding officer, when no special title has been assigned him, is ordinarily called the Chairman (or in religious assemblies more usually the Moderator); frequently the constitution of the assembly prescribes for him a title, such as President.
His duties are generally as follows:
To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon [Sec. 44]; to state and to put to vote [Sec. 38] all questions which are regularly moved, or necessarily arise in the course of proceedings, and to announce the result of the vote;
To restrain the members, when engaged in
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debate, within the rules of order; to enforce on all occasions the observance of order and decorum [Sec. 36] among the members, deciding all questions of order (subject to an appeal to the assembly by any two members, Sec. 14), and to inform the assembly when necessary, or when referred to for the purpose, on a point of order or practice;
To authenticate, by his signature, when necessary, all the acts, orders and proceedings of the assembly, and in general to represent and stand for the assembly, declaring its will, and in all things obeying its commands.
The chairman shall rise* [It is not customary for the chairman to rise while putting questions in very small bodies, such as committees, boards of trustees, &c.] to put a question to vote, but may state it sitting; he shall also rise from his seat (without calling any one to the chair), when speaking to a question of order, which he can do in preference to other members. In referring to himself he should always use his official title thus: "The Chair decides so and so," not "I decide, &c." When a member has the floor, the chairman cannot interrupt him as long as he does not transgress
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any of the rules of the assembly, excepting as provided in Sec. 2.
He is entitled to vote when the vote is by ballot,* [But this right is lost if he does not use it before the tellers have commenced to count the ballots. The assembly can give leave to the chairman to vote under such circumstances.] and in all other cases where the vote would change the result. Thus in a case where two-thirds vote is necessary, and his vote thrown with the minority would prevent the adoption of the question, he can cast his vote; so also he can vote with the minority when it will produce a tie vote and thus cause the motion to fail. Whenever a motion is made referring especially to the chairman, the maker of the motion should put it to vote.
The chairman can, if it is necessary to vacate the chair, appoint a chairman pro tem.,** [When there are Vice Presidents, then the first one on the list that is present, is, by virtue of his office, chairman during the absence of the President, and should always be called to the chair when the President temporarily vacates it.] but the first adjournment puts an end to the appointment, which the assembly can terminate before, if it pleases, by electing another chairman. But the regular chairman, knowing that he will be absent from a future meeting, cannot authorize another member to act
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in his place at such meeting; the clerk [Sec. 41], or in his absence any member, should in such case call the meeting to order, and a chairman pro tem. be elected, who would hold office during that session [Sec. 42], without such office was terminated by the entrance of the regular chairman.
The chairman sometimes calls a member to the chair, and himself takes part in the debate. But this should rarely be done, and nothing can justify it in a case where much feeling is shown, and there is a liability to difficulty in preserving order. 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.* [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. He is only allowed, therefore, to state matters of fact within his knowledge; to inform the assembly on points of order or the course of proceeding, when called upon for that purpose, or when he finds it necessary to do so; and on appeals from his decision on questions of order, to address the assembly in debate." [Cushing's Manual, page 106.] "Though the Speaker [chairman] may of right speak to matters of order and be first heard, he is restrained from speaking on any other subject except where the assembly have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact." [Jefferson's Manual, sec. xvii, and Barclay's "Digest of the Rules and Practice of the House of Representatives, U. S.," page 195.]]
The chairman should not only be familiar with parliamentary usage, and set the example of strict conformity to it, but he should be a
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man 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. An excited chairman can scarcely fail to cause trouble in a meeting.
A chairman will often find himself perplexed with the difficulties attending his position, and in such cases he will do well to heed the advice of a distinguished writer on parliamentary law, and recollect that—"The great purpose of all rules and forms, is to subserve the will of the assembly, rather than to restrain it; to facilitate, and not to obstruct, the expression of their deliberate sense."
41. Clerk or Secretary [and the Minutes]. The recording officer is usually called
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the "Clerk" or "Secretary,"* [When there are two secretaries, he is termed the "recording secretary," and the other one, the "corresponding secretary." 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. See Sec. 52 for his duties as financial officer.] and the record of proceedings the "Minutes." His desk should be near that of the chairman, and in the absence of the chairman, (if there is no vice president present) when the hour for opening the session arrives, it is his duty to call the meeting to order, and to preside until the election of a chairman pro tem., which should be done immediately. He should keep a record of the proceedings, commencing in a form similar to the following :** [See Clerk and Minutes in Part II, Sec. 51.]
"At a regular quarterly meeting of [state the name of the society] held on the 31st day of March, 1875, at [state the place of meeting], the President in the chair, the minutes were read by the clerk and approved." If the regular clerk is absent, insert after the words "in the chair," the following: "The clerk being absent, Robert Smith was appointed clerk pro tem.
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The minutes were then read and approved." If the minutes were not read, say "the reading of the minutes was dispensed with." The above form will show the essentials, which are as follows: (a) The kind of meeting, "regular" [or stated] or "special," or "adjourned regular," or "adjourned special;" (6) name of the assembly; (c) date and place of meeting (excepting when the place is always the same); (d) the fact of the presence of the regular chairman and clerk, or in their absence the names of their substitutes; (e) whether the minutes of the previous meeting were approved.
The minutes should be signed by the person who acted as clerk for that meeting: in some societies the chairman must also sign them. When published, they should be signed by both officers.
In keeping the minutes much depends upon the kind of meeting, and whether the minutes are to be published. If they are to be published, it is often of far more interest to know what was said by the leading speakers, than to know what routine business was done, and what resolutions adopted.
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In such case the duties of the secretary are arduous, and he should have at least one assistant. In ordinary society meetings and meetings of Boards of Managers and Trustees, on the contrary, there is no object in reporting the debates; the duty of the clerk, in such cases, is mainly to record what is "done" by the assembly, not what is said by the members. Without there is a rule to the contrary, he should enter every Principal motion [Sec. 6] that is before the assembly, whether it is adopted or rejected; and where there is a division [see Voting, Sec. 38], or where the vote is by ballot, he should enter the number of votes on each side; and when the voting is by yeas and nays [Sec. 38], he should enter a list of the names of those voting on each side. He should endorse on the reports of committees, the date of their reception, and what further action was taken upon them, and preserve them among the records, for which he is responsible. He should in the minutes make a brief summary of a report that has been agreed to, except where it contains resolutions, in which case the resolutions will be entered in full as adopted by the assembly, and not as
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if it was the report accepted. The proceedings of the committee of the whole [Sec. 32], or while acting informally [Sec. 33], should not be entered on the minutes. Before an adjournment without day, it is customary to read over the minutes for approval, if the next meeting of the board or society will not occur for a long period. Where the regular meetings are not separated by too great a time, the minutes are read at the next meeting.
The clerk should, previous to each meeting, for the use of the chairman, make out an order of business [Sec. 44], showing in their exact order what is necessarily to come before the assembly. He should also have at each meeting a list of all standing committees, and such select committees as are in existence at the time. When a committee is appointed, he should hand the names of the committee and all papers referred to it to the chairman, or some other of its members.
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Art. VIII. Miscellaneous. [Sec.Sec. 42-45.]
42. A Session of an assembly is a meeting* [See definitions in Introduction for the distinction between "meeting" and "session."] 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 without day." The intermediate adjournments from day to day, or the recesses taken during the day, do not destroy the continuity of the meeting—they in reality constitute one session. In the case of a permanent society, having regular meetings every week, month, or year, for example, each meeting constitutes a separate session of the society, which session however can be prolonged by adjourning to another day.
If a principal motion [Sec. 6] is indefinitely postponed or rejected at one session, while it cannot be introduced again at the same session [see Renewal of a Motion, Sec. 26], it can be at
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the next, without it is prohibited by a rule of the assembly.
No one session of the assembly can interfere with the rights of the assembly at any future session,* [Any one session can adopt a rule or resolution of a permanent nature, and it continues in force until at some future session it is rescinded. But these Standing Rules, as they are termed, do not interfere with future sessions, because at any moment a majority can suspend or rescind them, or adopt new ones.] without it is expressly so provided in their Constitution, Bylaws, 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, but may be considered as expressing the deliberate views of the whole society, rather than the opinions or wishes of any particular meeting. Thus, if the presiding officer were ill, it would not be competent for one session of the assembly to elect a chairman to hold office longer than that session, as it cannot control or dictate to the next session of the assembly. By going through the prescribed routine of an election to fill the vacancy, giving whatever notice is required, it could then legally elect a chairman to hold office while the vacancy lasted. So it
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is improper for an assembly to postpone anything to a day beyond the next succeeding session, and thus attempt to prevent the next session from considering the question. On the other hand, it is not permitted to move a reconsideration [Sec. 27] of a vote taken at a previous session [though the motion to reconsider can be called up, provided it was made at the last meeting of the previous session.] Committees can be appointed to report at a future session.
Note On Session—In Congress, and in fact all legislative bodies, the limits of the sessions are clearly defined; but in ordinary societies having a permanent existence, with regular meetings more or less frequent, there appears to be a great deal of confusion upon the subject. Any society is competent to decide what shall constitute one of its sessions, but, where there is no rule on the subject, the common parliamentary law would make each of its regular or special meetings a separate session, as they are regarded in this Manual.
The disadvantages of a rule making a session include all the meetings of an ordinary society, held during a long time as one year, are very great. [Examine Indefinitely Postpone, Sec. 24, and Renewal of a Motion, Sec. 26.] If members of any society take advantage of the freedom allowed by considering
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each regular meeting a separate session, and repeatedly renew obnoxious or unprofitable motions, the society can adopt a rule prohibiting the second introduction of any principal question [Sec. 6] within, say, three or six months after its rejection, or indefinite postponement, or after the society has refused to consider it. But generally it is better to suppress the motion by refusing to consider it [Sec. 15].
43. A Quorum of an assembly is such a number as is competent to transact its business. Without there is a special rule on the subject, the quorum of every assembly is a majority of all the members of the assembly. But whenever a society has any permanent existence, it is usual to adopt a much smaller number, the quorum being often less than one-twentieth of its members; this becomes a necessity in most large societies, where only a small fraction of the members are ever present at a meeting.* [While a quorum is competent to transact any business, it is usually not expedient to transact important business without there is a fair attendance at the meeting, or else previous notice of such action has been given.]
The Chairman should not take the chair till a quorum is present, except where there is no hope of there being a quorum, and then no business can be transacted, except simply
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to adjourn. So whenever during the meeting there is found not to be a quorum present, the only thing to be done is to adjourn—though if no question is raised about it, the debate can be continued, but no vote taken, except to adjourn.
In committee of the whole, the quorum is the same as in the assembly; in any other committee the majority is a quorum, without the assembly order otherwise, and it must wait for a quorum before proceeding to business. If the number afterwards should be reduced below a quorum, business is not interrupted, unless a member calls attention to the fact; but no question can be decided except when a quorum is present. Boards of Trustees, Managers, Directors, etc., are on the same footing as committees, in regard to a quorum. Their power is delegated to them as a body, and what number shall be present in order that they may act as a Board, is to be decided by the society that appoints the Board. If no quorum is specified, then a majority constitutes a quorum.
44. Order of Business. It is customary for every society having a permanent existence,
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to adopt an order of business for its meetings. When no rule has been adopted, the following is the order:
(1) Reading the Minutes of the previous meeting [and their approval]. (2) Reports of Standing Committees. (3) Reports of Select Committees. (4) Unfinished Business. (5) New Business.
Boards of Managers, Trustees, etc., come under the head of standing committees. Questions that have been postponed from a previous meeting, come under the head of unfinished business; and if a subject has been made a "special order" for the day, it shall take precedence of all business except reading the minutes. If it is desired to transact business out of its order, it is necessary to suspend the rules [Sec. 18], which can only be done by a two-thirds vote; but as each subject comes up, a majority can at once lay it on the table [Sec. 19], and thus reach any question which they desire to first dispose of.
The order of business, in considering any report or proposition containing several paragraphs,* [No vote should be taken on the adoption of the several paragraphs,—one vote being taken finally on the adoption of the whole paper. By not adopting separately the different paragraphs, it is in order, after they have all been amended, to go back and amend any of them still further. In committee a similar paper would be treated the same way [see Sec. 30]. In Sec. 48 (b) an illustration is given of the practical application of this section.] is as follows:
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The whole paper should be read entirely through by the clerk; then the Chairman should read it by paragraphs, pausing at the end of each, and asking, "Are there any amendments proposed to this paragraph?" If none are offered, he says, "No amendments being offered to this paragraph, the next will be read;" he then reads the next, and proceeds thus to the last paragraph, when he states that the whole report or resolutions have been read, and are open to amendment. He finally puts the question on agreeing to or adopting the whole paper as amended. If there is a preamble it should be read after the last paragraph.
If the paper has been reported back by a committee with amendments, the clerk reads only the amendments, and the Chairman then reads the first and puts it to the question, and so on till all the amendments are adopted or rejected, admitting amendments to the committee's amendments, but no others. When
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through with the committee's amendments, the Chairman pauses for any other amendments to be proposed by the assembly; and when these are voted on, he puts the question on agreeing to or adopting the paper as amended. Where the resolutions have been just read by the member presenting them, the reading by the clerk is usually dispensed with without the formality of a vote. By "suspending the rules" [Sec. 18], or by general consent, a report can be at once adopted without following any of the above routine.
45. Amendments of Rules of Order. These rules can be amended at any regular meeting of the assembly, by a two-thirds vote of the members present, provided the amendment was submitted in writing at the previous regular meeting. And no amendment to Constitutions or By-Laws shall be permitted, without at least equal notice and a two-thirds vote.* [Constitutions, By-Laws and Rules of Order should always prohibit their being amended by less than a two-thirds vote, and without previous notice of the amendment being given. If the By-Laws should contain rules that it may be desirable to occasionally suspend, then they should state how they can be suspended, just as is done in these Rules of Order, Sec. 18. If there is no such rule it is impossible to suspend any rule, if a single member objects.
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PART II.
ORGANIZATION AND CONDUCT OF BUSINESS.* [The exact words used by the chairman or member, are in many cases in quotations. It is not to be inferred that these are the only forms permitted, but that these forms are proper and common. They are inserted for the benefit of those unaccustomed to parliamentary forms, and are sufficiently numerous for ordinary meetings.]
Art. IX. Organization and Meetings. [Sec.Sec. 46-49.]
46. An Occasional or Mass Meeting. (a) Organization. When a meeting is held which is not one of an organized society, shortly after the time appointed for the meeting, some member of the assembly steps forward and says: "The meeting will please come to order; I move that Mr. A. act as chairman of this meeting." Some one else says, "I second the motion." The first member then puts the
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question to vote, by saying, "It has been moved and seconded that Mr. A. act as chairman of this meeting; those in favor of the motion will say aye," and when the affirmative vote is taken, he says, "those opposed will say no." If the majority vote in the affirmative, he says, "The motion is carried; Mr. A. will take the chair." If the motion is lost, he announces that fact, and calls for the nomination of some one else for chairman, and proceeds with the new nomination as in the first case.* [Sometimes a member nominates a chairman and no vote is taken, the assembly signifying their approval by acclamation. The member who calls the meeting to order, instead of making the motion himself, may act as temporary chairman, and say: "The meeting will please come to order: will some one nominate a chairman?" He puts the question to vote on the nomination as described above. In large assemblies, the member who nominates, with one other member, frequently conducts the presiding officer to the chair, and the chairman makes a short speech, thanking the assembly for the honor conferred on him.]
When Mr. A. takes the chair, he says, "The first business in order is the election of a secretary." Some one then makes a motion as just described, or he says "I nominate Mr. B," when the chairman puts the question as before. Sometimes several names are called out, and the chairman, as he hears them, says, "Mr. B. is nominated; Mr. C. is nominated," etc; he then takes a vote on the first one he heard, putting the question thus: "As many as are in favor of
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Mr. B. acting as secretary of this meeting, will say aye;—those opposed will say no." If the motion is lost the question is put on Mr. C., and so on, till some one is elected. In large meetings the secretary takes his seat near the chairman: he should in all cases keep a record of the proceedings as described in Sec. 51.
(b) Adoption of Resolutions. These two officers are all that are usually necessary for a meeting; so, when the secretary is elected, the chairman asks, "What is the further pleasure of the meeting?" If the meeting is merely a public assembly called together to consider some special subject, it is customary at this stage of the proceedings for some one to offer a series of resolutions previously prepared, or else to move the appointment of a committee to prepare resolutions upon the subject. In the first case he rises and says, "Mr. Chairman;" the chairman responds, "Mr. C." Mr. C., having thus obtained the floor, then says, "I move the adoption of the following resolutions," which he then reads and hands to the chairman;* [The practice in legislative bodies, is to send to the clerk's desk all resolutions, bills, etc., the title of the bill and the name of the member introducing it, being endorsed on each. In such bodies, however, there are several clerks and only one chairman. In many assemblies there is but one clerk or secretary, and, as he has to keep the minutes, there is no reason for his being constantly interrupted to read every resolution offered. In such assemblies, without there is a rule or established custom to the contrary, it is allowable, and frequently much better, to hand all resolutions, reports, etc., directly to the chairman. If they were read by the member introducing them, and no one calls for another reading, the chairman can omit reading them when be thinks they are fully understood. In reference to the manner of reading and stating the question, when the resolution contains several paragraphs, see Rules of Order, Sec. 44.]
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some one else says, "I second the motion." The chairman sometimes directs the secretary to read the resolutions again, after which he says, "The question is on the adoption of the resolutions just read," and if no one rises immediately, he adds, "Are you ready for the question?" If no one then rises, he says, "As many as are in favor of the adoption of the resolutions just read, will say aye;" after the ayes have voted, he says, "As many as are of a contrary opinion will say no;" he then announces the result of the vote as follows: "The motion is carried—the resolutions are adopted," or, "The ayes have it—the resolutions are adopted."
(c) Committee to draft Resolutions. If it is preferred to appoint a committee to draft resolutions, a member, after he has addressed the Chair and been recognized, says, "I move that a committee be appointed to draft resolutions expressive of the sense of this meeting on,"
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etc., adding the subject for which the meeting was called. This motion being seconded, the Chairman states the question [Sec. 67] and asks, "Are you ready for the question?" If no one rises, he puts the question, announces the result, and, if it is carried, he asks, "Of how many shall the committee consist?" If only one number is suggested, he announces that the committee will consist of that number; if several numbers are suggested, he states the different ones and then takes a vote on each, beginning with the largest, until one number is selected.
He then inquires, "How shall the committee be appointed?" This is usually decided without the formality of a vote. The committee may be "appointed" by the Chair—in which case the chairman names the committee and no vote is taken; or the committee may be "nominated" by the Chair, or the members of the assembly (no member naming more than one, except by unanimous consent), and then the assembly vote on their appointment. When the chairman nominates, after stating the names he puts one question on the entire committee, thus: "As many as are in favor of these gentlemen constituting the committee, will say
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aye." If nominations are made by members of the assembly, and more names mentioned than the number of the committee, a separate vote should be taken on each name. (In a mass meeting it is safer to have all committees appointed by the chairman.)
When the committee are appointed they should at once retire and agree upon a report, which should be written out as described in Sec. 53. During their absence other business may be attended to, or the time may be occupied with hearing addresses. Upon their return the chairman of the committee (who is the one first named on the committee, and who quite commonly, though not necessarily, is the one who made the motion to appoint the committee), avails himself of the first opportunity to obtain the floor,* [See Rules of Order, Sec. 2.] when he says, "The committee appointed to draft resolutions, are prepared to report." The chairman tells him that the assembly will now hear the report, which is then read by the chairman of the committee, and handed to the presiding officer, upon which the committee is dissolved without any action of the assembly.
A member then moves the "adoption" or
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"acceptance" of the report, or that "the resolutions be agreed to," which motions have the same effect if carried, namely, to make the resolutions the resolutions of the assembly just as if the committee had had nothing to do with them.* [A very common error is, after a report has been read, to move that it be received; whereas, the fact that it has been read, shows that it has been already received by the assembly. Another mistake, less common but dangerous, is to vote that the report be accepted which is equivalent to adopting it), when the intention is only to have the report up for consideration and afterwards move its adoption.]
When one of these motions is made, the chairman acts as stated above when the resolutions were offered by a member. If it is not desired to immediately adopt the resolutions, they can be debated, modified, their consideration postponed, etc., as explained in Sec.Sec. 55-63.
When through with the business for which the assembly were convened, or when from any other cause it is desirable to close the meeting, some one moves "to adjourn;" if the motion is carried and no other time for meeting has been appointed, the chairman says, "The motion is carried; —this assembly stands adjourned without day." [Another method by which the meeting may be conducted is shown in Sec. 48.]
(d) Additional Officers. If more officers are
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required than a chairman and secretary, they can be appointed before introducing the resolutions, in the manner described for those officers; or the assembly can first form a temporary organization in the manner already described, only adding "pro tem." to the title of the officers, thus: "chairman pro tem." In this latter case, as soon as the secretary pro tem. is elected, a committee is appointed to nominate the permanent officers, as in the case of a convention [Sec. 47]. Frequently the presiding officer is called the President, and sometimes there is a large number of Vice Presidents appointed for mere complimentary purposes. The Vice Presidents in large formal meetings, sit on the platform beside the President, and in his absence, or when he vacates the chair, the first on the list that is present should take the chair.
47. Meeting of a Convention or Assembly of Delegates. If the members of the assembly have been elected or appointed as members, it becomes necessary to know who are properly members of the assembly and entitled to vote, before the permanent organization is effected. In this case a temporary organization is made, as already described, by the election of a chairman
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and secretary "pro tem.," when the chairman announces, "The next business in order is the appointment of a committee on credentials." A motion may then be made covering the entire case, thus: "I move that a committee of three on the credentials of members be appointed by the Chair, and that the committee report as soon as practicable;" or they may include only one of these details, thus: "I move that a committee be appointed on the credentials of members." In either case the Chair proceeds as already described in the cases of committees on resolutions [Sec. 46, (c)].
On the motion to accept the report of the committee, none can vote except those reported by the committee as having proper credentials. The committee, beside reporting a list of members with proper credentials, may report doubtful or contested cases, with recommendations, which the assembly may adopt, or reject, or postpone, etc. Only members whose right to their seats is undisputed, can vote.
The chairman, after the question of credentials is disposed of, at least for the time, announces that "The next business in order is the election of permanent officers of the assembly." Some one then moves the appointment of a
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committee to nominate the officers, in a form similar to this: "I move that a committee of three be appointed by the Chair to nominate the permanent officers of this convention." This motion is treated as already explained. When the committee make their report, some one moves "That the report of the committee be accepted and that the officers nominated be declared the officers of this convention."* [Where there is any competition for the offices, it is better that they be elected by ballot. In this case, when the nominating committee report, a motion can be made as follows: "I move that the convention now proceed to ballot for its permanent officers;" or "I move that we now proceed to the election, by ballot, of the permanent officers of this convention." [See Rules of Order, Sec. 38, for balloting, and other methods of voting.] The constitutions of permanent societies usually provide that the officers shall be elected by ballot.] This motion being carried, the chairman declares the officers elected, and instantly calls the new presiding officer to the chair, and the temporary secretary is at the same time replaced. The convention is now organized for work.
48. A Permanent Society. (a) First Meeting. When it is desired to form a permanent society, those interested in it should see that only the proper persons are invited to be present, at a certain time and place. It is not usual in mass meetings, or meetings called to organize a society, to commence until
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fifteen or thirty minutes after the appointed time, when some one steps forward and says, "The meeting will please come to order; I move that Mr. A. act as chairman of this meeting;" some one "seconds the motion," when the one who made the motion puts it to vote (or, as it is called, "puts the question"), as already described, under an "occasional meeting" [Sec. 46, (a)]; and, as in that case, when the chairman is elected, he announces as the first business in order the election of a secretary.
After the secretary is elected, the chairman calls on some member who is most interested in getting up the society, to state the object of the meeting. When this member rises he says, "Mr. Chairman;" the chairman then announces his name, when the member proceeds to state the object of the meeting. Having finished his remarks, the chairman may call on other members to give their opinions upon the subject, and sometimes a particular speaker is called out by members who wish to hear him. The chairman should observe the wishes of the assembly, and while being careful not to be too strict, he must not permit any one to occupy too much time and weary the meeting.
When a sufficient time has been spent in this
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informal way, some one should offer a resolution, so that definite action can be taken. Those interested in getting up the meeting, if it is to be a large one, should have previously agreed upon what is to be done, and be prepared at the proper time to offer a suitable resolution, which may be in a form similar to this: "Resolved, That it is the sense of this meeting that a society for [state the object of the society] should now be formed in this city." This resolution, when seconded, and stated by the chairman, would be open to debate and be treated as already described [Sec. 46, (b)]. This preliminary motion could have been offered at the commencement of the meeting, and if the meeting is a very large one, this would probably be better than to have the informal discussion.
After this preliminary motion has been voted on, or even without waiting for such motion, one like this can be offered: "I move that a committee of five be appointed by the Chair, to draft a Constitution and By-Laws for a society for [here state the object], and that they report at an adjourned meeting of this assembly." This motion can be amended [Sec. 56] by striking out and adding words, etc., and it is debatable.
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When this committee is appointed, the chairman may inquire, "Is there any other business to be attended to?" or, "What is the further pleasure of the meeting?" When all business is finished, a motion can be made to adjourn to meet at a certain place and time, which, when seconded, and stated by the Chair, is open to debate and amendment. It is usually better to fix the time of the next meeting [see Sec. 63] at an earlier stage of the meeting, and then, when it is desired to close the meeting, move simply "to adjourn," which cannot be amended or debated. When this motion is carried, the chairman says, "This meeting stands adjourned to meet at," etc., specifying the time and place of the next meeting.
(b) Second Meeting.* [Ordinary meetings of a society are conducted like this second meeting, the chairman, however, announcing the business in the order prescribed by the rules of the society [Sec. 72]. For example, after the minutes are read and approved, he would say, "The next business in order is hearing reports from the standing committees." He may then call upon each committee in their order, for a report, thus: "Has the committee on applications for membership any report to make?" In which case the committee may report, as shown above, or some member of it reply that they have no report to make. Or, when the chairman knows that there are but few if any reports to make, it is better, after making the announcement of the business, for him to ask, "Have these committees any reports to make?" After a short pause, if no one rises to report, he states, "There being no reports from the standing committees, the next business in order is hearing the reports of select committees," when he will act the same as in the case of the standing committees. The chairman should always have a list of the committees, to enable him to call upon them, as well as to guide him in the appointment of new committees.] At the next meeting the officers of the previous meeting, if present, serve until the permanent officers are elected. When the hour arrives for the meeting, the chairman standing, says, "The meeting will
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please come to order:" as soon as the assembly is seated, he adds, "The secretary will read the minutes of the last meeting." If any one notices an error in the minutes, he can state the fact as soon as the secretary finishes reading them; if there is no objection, without waiting for a motion, the chairman directs the secretary to make the correction. The chairman then says, "If there is no objection the minutes will stand approved as read" [or "corrected," if any corrections have been made].
He announces as the next business in order, "the hearing of the report of the committee on the Constitution and By-Laws." The chairman of the committee, after addressing "Mr. Chairman" and being recognized, reads the committee's report and then hands it to the chairman.* [In large and formal bodies the chairman, before inquiring what is to be done with the report, usually directs the secretary to read it again. See note to Sec. 46 (c), for a few common errors in acting upon reports of committees. [See also note to Sec. 46 (b).]] If no motion is made, the chairman says, "You have heard the report read —
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what order shall be taken upon it?" Or simply inquires, "What shall be done with the report?" Some one moves its adoption, or still better, moves "the adoption of the Constitution reported by the committee," and when seconded, the chairman says, "The question is on the adoption of the Constitution reported by the committee." He then reads the first article of the Constitution, and asks, "Are there any amendments proposed to this article?" If none are offered, after a pause, he reads the next article and asks the same question, and proceeds thus until he reads the last article, when he says, "The whole Constitution having been read, it is open to amendment." Now any one can move amendments to any part of the Constitution.
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
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or paragraphs, then the amendments should be made by sections or paragraphs, instead of by articles.
The chairman now states that the Constitution having been adopted, it will be necessary for those wishing to become members to sign it (and pay the initiation fee, if required by the Constitution), and suggests, if the assembly is a large one, that a recess be taken for the purpose. A motion is then made to take a recess for say ten minutes, or until the Constitution is signed. The constitution being signed, no one is permitted to vote excepting those who have signed it.
The recess having expired, the chairman calls the meeting to order and says, "The next business in order is the adoption of By-Laws." Some one moves the adoption of the By-Laws reported by the committee, and they are treated just like the Constitution. The chairman then asks, "What is the further pleasure of the meeting?" or states that the next business in order is the election of the permanent officers of the society. In either case some one moves the appointment of a committee to nominate the permanent officers of the society, which motion is treated as already described in Sec. 47. As
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each officer is elected he replaces the temporary one, and when they are all elected the organization is completed.
If the society is one that expects to own real estate, it should be incorporated according to the laws of the state in which it is situated, and for this purpose, some one on the committee on the Constitution should consult a lawyer before this second meeting, so that the laws may be conformed to. In this case the trustees are usually instructed to take the proper measures to have the society incorporated.
49. Constitutions, By-Laws, Rules of Order and Standing Rules. In forming a Constitution and By-Laws, it is always best to procure copies of those adopted by several similar societies, and for the committee, after comparing them, to select one as the basis of their own, amending each article just as their own report is amended by the Society. When they have completed amending the Constitution, it is adopted by the committee. The By-Laws are treated in the same way, and then, having finished the work assigned them, some one moves, "That the committee rise, and that the chairman (or some other
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member) report the Constitution and By-Laws to the assembly." If this is adopted, the Constitution and By-Laws are written out, and a brief report made of this form: "Your committee, appointed to draft a Constitution and By-Laws, would respectfully submit the following, with the recommendation that they be adopted as the Constitution and By-Laws of this society;" which is signed by all the members of the committee that concur in it. Sometimes the report is only signed by the chairman of the committee.
In the organization just given, it is assumed that both a Constitution and By-Laws are adopted. This is not always done; some societies adopt only a Constitution, and others only By-Laws. Where both are adopted, the constitution usually contains only the following:
(1) Name and object of the society. (2) Qualification of members. (3) Officers, their election and duties. (4) Meetings of the society (only including what is essential, leaving details to the By-Laws). (5) How to amend the Constitution.
These can be arranged in five articles, each article being subdivided into sections. The
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Constitution containing nothing but what is fundamental, it should be made very difficult to amend; usually previous notice of the amendment is required, and also a two-thirds or three-fourths vote for its adoption [Sec. 73]. It is better not to require a larger vote than two-thirds, and, where the meetings are frequent, an amendment should not be allowed to be made except at a quarterly or annual meeting, after having been proposed at the previous quarterly meeting.
The By-Laws contain all the other standing rules of the society, of such importance that they should be placed out of the power of any one meeting to modify; or they may omit the rules relating to the conduct of business in the meetings, which would then constitute the Rules of Order of the society. Every society, in its By-Laws or Rules of Order, should adopt a rule like this: "The rules contained in—(specifying the work on parliamentary practice) shall govern the society in all cases to which they are applicable, and in which they are not inconsistent with the Rules of Order (or By-Laws) adopted by the society." Without such a rule, any one so disposed, could cause great trouble in a meeting.
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In addition to the Constitution, By-Laws and Rules of Order, in nearly every society resolutions of a permanent nature are occasionally adopted, which are binding on the society until they are rescinded or modified. These are called Standing Rules, and can be adopted by a majority vote at any meeting. After they have been adopted, they cannot be modified at the same session except by a reconsideration [Sec. 60]. At any future session they can be suspended, modified or rescinded by a majority vote. The Standing Rules, then, comprise those rules of a society which have been adopted like ordinary resolutions, without the previous notice, etc., required for By-Laws, and consequently, future sessions of the society are at liberty to terminate them whenever they please. No Standing Rule (or other resolution) can be adopted which conflicts with the Constitution, By-Laws or Rules of Order.* [In practice these various classes of rules are frequently very much mixed. 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. The By-Laws should contain all the other rules of the society which are of too great importance to be changed without giving notice to the society of such change; provided that the most important of these can be placed in a Constitution instead of in the By-Laws. These latter three should provide for their amendment. The Rules of Order should provide for their suspension. The By-Laws sometimes provide for the suspension of certain articles. None of these three can be suspended without it is expressly provided for.
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Art. X. Officers and Committees.
50. Chairman or President. It is the duty of the chairman to call the meeting to order at the appointed time, to preside at all the meetings, to announce the business before the assembly in its proper order, to state and put all questions properly brought before the assembly, to preserve order and decorum, and to decide all questions of order (subject to an appeal). When he "puts a question" to vote, and when speaking upon an appeal, he should stand;* [In meetings of boards of managers, committees and other small bodies, the chairman usually retains his seat, and even members in speaking do not rise.] in all other cases he can sit. 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
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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.
51. The Clerk, Secretary or Recording Secretary, as he is variously called, should keep a record of the proceedings, the character of which depends upon the kind of meeting. In an occasional or mass meeting, the record usually amounts to nothing, but he should always record every resolution or motion that is adopted.
In a convention it is often desirable to keep a full record for publication, and where it lasts for several days, it is usual, and generally best, to appoint one or more assistant clerks. Frequently it is a tax on the judgment of the clerk to decide what to enter on the record, or the "Minutes," as it is usually called. Sometimes the points of each speech should be entered,
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and at other times only the remark that the question was discussed by Messrs. A., B. and C. in the affirmative, and Messrs. D., E. and F. in the negative. Every resolution that is adopted should be entered, which can be done in this form: "On motion of Mr. D. it was resolved that, &c."
Sometimes a convention does its work by having certain topics previously assigned to certain speakers, who deliver formal addresses or essays, the subjects of which are afterwards open for discussion in short speeches, of five minutes, for instance. In such cases the minutes are very brief, without they are to be published, when they should contain either the entire addresses or carefully prepared abstracts of them, and should show the drift of the discussion that followed each one. In permanent societies, where the minutes are not published, they consist of a record of what was done and not what was said, and should be kept in a book.
The Form of the Minutes can be as follows:
"At a regular meeting of the M. L. Society, held in their hall, on Tuesday evening, March 16, 1875, Mr. A. in the chair and Mr. B. acting as secretary, the minutes of the previous meeting were read and
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approved. The committee on Applications reported the names of Messrs. C. and D. as applicants for membership; and on motion of Mr. F. they were admitted as members. The committee on —- reported a series of resolutions, which were thoroughly discussed and amended, and finally adopted as follows:
"Resolved, That * * * * * * * * * * * * * * * * "
On motion of Mr. L. the society adjourned. L- B-, Secretary.
If the proceedings are to be published, the secretary should always examine the published proceedings of similar meetings, so as to conform to the custom, excepting where it is manifestly improper.
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
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duties are also of a financial kind, when he should make such reports as are prescribed in the next section.
52. Treasurer. The duties of this officer vary in different societies. In probably the majority of cases he acts as a banker, merely holding the funds deposited with him, and paying them out on the order of the society signed by the secretary. His annual report, which is always required, in this case consists of merely a statement of the amount on hand at the commencement of the year, the amount received during the year (stating from what source received), the total amount paid out by order of the society, and the balance on hand. When this report is presented it is referred to an "auditing committee," consisting of one or two persons, who examine the treasurer's books and vouchers, and certify on his report that they "have examined his accounts and vouchers and find them correct, and the balance on hand is," etc., stating the amount on hand. The auditing committee's report being accepted is equivalent to a resolution of the society to the same effect, namely, that the treasurer's report is correct.
In the case here supposed, the real financial
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statement is made either by the board of trustees, or by the secretary or some other officer, according to the Constitution of the society. 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.
It should always be remembered that the financial report is made for the information of members. The details of dates and separate payments for the same object, are a hinderance to its being understood, and are useless, as it is the duty of the auditing committee to examine into the details and see if the report is correct.
Every disbursing officer should be careful to get a receipt whenever he makes a payment; these receipts should be preserved in regular order, as they are the vouchers for the payments, which must be examined by the auditing committee. Disbursing officers cannot be
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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. The best form for these financial reports depends upon the kind of society, and is best determined by examining those made in similar societies.
The following form can be varied to suit most cases: (when the statement of receipts and expenses is very long, it is often desirable to specify the amounts received from one or two particular sources, which can be done immediately after stating the total receipts; the same course can be taken in regard to the expenditures):
Treasurer's Report.
The undersigned, Treasurer of the M. L. Society, begs leave to submit the following annual report:
The balance on hand at the commencement of the year was —- dollars and —- cents. There was received from all sources during the year, —- dollars and —- cents; during the same time the
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expenses amounted to —- dollars and —- cents, leaving a balance on hand of —- dollars and —- cents. The annexed statement of receipts and expenditures will show in detail the sources from which the receipts were obtained, and the objects to which the expenditures have been applied. All of which is respectfully submitted.
S— M—, Treasurer M. L. S.
The "Statement of receipts and expenditures" can be made, by simply giving a list of receipts, followed by a list of expenses, and finishing up with the balance on hand. The auditing committee's certificate to the correctness of the account should be written on the statement. Often the statement is made out in the form of an account, as follows:
Dr. The M. L. S. in acct. with S. M., Treas. Cr. ———————————————————————————————————- 1874. 1874.
Dec. 31. To rent of hall .. $500 00 Jan. 1. By balance on hand '' Gas ........... 80 00 from last year's '' Stationery .... 26 50 account .......... $ 21 13 '' Janitor ....... 360 00 Dec. 31. By initiation fees 95 00 '' Balance on hand 24 63 '' members' dues .. 875 00 ———- ———- $991 13 $991 13
We do hereby certify that we have examined the accounts and vouchers of the treasurer, and find them correct; and that the balance in his hands is twenty-four dollars and sixty-three cents. R. V., J. L., Audit Comm.
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53. Committees. In small assemblies, especially in those where but little business is done, there is not much need of committees. But in large assemblies, or in those doing a great deal of business, committees are of the utmost importance. When a committee is properly selected, in nine cases out of ten its action decides that of the assembly. A committee for action should be small and consist only of those heartily in favor of the proposed action. A committee for deliberation or investigation, on the contrary, should be larger and represent all parties in the assembly, so that its opinion will carry with it as great weight as possible. The usefulness of the committee will be greatly impaired, if any important faction of the assembly be unrepresented on the committee. The appointment of a committee is fully explained in Sec. 46 (c).
The first member named on a committee is their chairman, and it is his duty to call together the committee, and preside at their meetings. If he is absent, or from any cause fails or declines to call a meeting, it is the duty of the committee to assemble on the call of any two of their members. The committee are a miniature assembly, only being able to act when
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a quorum is present. If a paper is referred to them they must not deface it in any way, but write their amendments on a separate sheet. If they originate the paper, all amendments must be incorporated in it. When they originate the paper, usually one member has previously prepared a draft, which is read entirely through, and then read by paragraphs, the chairman pausing after each paragraph and asking, "Are there any amendments proposed to this paragraph?" No vote is taken on the adoption of the separate paragraphs, but after the whole paper has been read in this way, it is open to amendment, generally, by striking out any paragraph or inserting new ones, or by substituting an entirely new paper for it. When it has been amended to suit the committee, they should adopt it as their report, and direct the chairman or some other member to report it to the assembly. It is then written out, usually commencing in a style similar to this: "The committee to which was referred [state the matter referred], beg leave to submit the following report;" or, "Your committee appointed to [specify the object], would respectfully report," etc. It usually closes thus: "All of which is respectfully submitted," followed by the signatures of
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all the members concurring in the report, or sometimes by only that of the chairman.
If the minority submit a report, it commences thus: "The undersigned, a minority of the committee appointed," etc., continuing as the regular report of the committee. After the committee's report has been read, it is usual to allow the minority to present their report, but it cannot be acted upon except by a motion to substitute it for the report of the committee. When the committee's report is read, they are discharged without any motion. A motion to refer the paper back to the same committee (or to re-commit), if adopted, revives the committee.
Art. XI. Introduction of Business.
54. Any member wishing to bring business before the assembly, should, without it is very simple, write down in the form of a motion, what he would like to have the assembly adopt, thus:
Resolved, That the thanks of this convention be tendered to the citizens of this community for their hearty welcome and generous hospitality.
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When there is no other business before the assembly, he rises and addresses the chairman by his title, thus: "Mr. Chairman," who immediately recognizes him by announcing his name.* [If the chairman has any special title, as President, for instance, he should be addressed by it, thus: "Mr. President." Sometimes the chairman recognizes the speaker by merely bowing to him, but the proper course is to announce his name.] He, then having the floor, says that he "moves the adoption of the following resolution," which he reads and hands to the chairman.** [Or, when he is recognized by the chair, he may say that he wishes to offer the following resolutions, which he reads and then moves their adoption.] Some one else seconds the motion, and the chairman says, "It has been moved and seconded that the following resolution be adopted," when he reads the resolution; or he may read the resolution and then state the question thus: "The question is on the adoption of the resolution just read." The merits of the resolution are then open to discussion, but before any member can discuss the question or make any motion, he must first obtain the floor as just described. After the chairman states the question, if no one rises to speak, or when he thinks the debate closed, he asks, "Are you ready for the question?" If no one then rises, he puts the question in a form similar to the following: "The question is on the adoption of the resolution
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which you have heard; as many as are in favor of its adoption will say aye." When the ayes have voted, he says, "As many as are of a contrary opinion will say no."* [There are many other ways of putting a question; see Sec. 67, and Rules of Order, Sec. 38. Other illustrations of the ordinary practice in introducing business will be seen in Sec.Sec. 46-48.] He then announces the result, stating that the motion is carried, or lost, as the case may be, in the following form: "The motion is carried—the resolution is adopted;" or, "The ayes have it—the resolution is adopted." A majority of the votes cast is sufficient for the adoption of any motion, excepting those mentioned in Sec. 68.
Art. XII. Motions.
55. Motions Classified According to their Object. Instead of immediately adopting or rejecting a resolution as originally submitted, it may be desirable to dispose of it in some other way, and for this purpose various motions have come into use, which can be made while a resolution is being considered, and for the time being, supersede it. No one can make any of these motions while another member has the floor,
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excepting as shown in Sec. 64, which see for the circumstances under which each motion can be made.
The following list comprises most of these motions, arranged in eight classes, according to the object for which each motion is used. [The names of the motions are printed in Italics; each class is treated separately, as shown by the references.]
Motions Classified.
(1) To Amend or Modify ....................................... [Sec. 56] (a) Amend. (b) Commit. (2) To Defer action .......................................... [Sec. 57] (a) Postpone to a certain time. (b) Lie on the Table. (3) To Suppress Debate ....................................... [Sec. 58] (a) Previous Question. (b) An Order limiting or closing Debate. (4) To Suppress the question ................................. [Sec. 59] (a) Objection to its Consideration. (b) Postpone Indefinitely. (c) Lie on the Table. (5) To Consider a question the second time ................... [Sec. 60] (a) Reconsider. (6) Order and Rules .......................................... [Sec. 61] (a) Orders of the day. (b) Special Orders. (c) Suspension of the Rules. (d) Questions of Order. (e) Appeal.
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(7) Miscellaneous ............................................ [Sec. 62] (a) Reading of Papers. (b) Withdrawal of a Motion. (c) Questions of Privilege. (8) To close a meeting ....................................... [Sec. 63] (a) Fix the time to which to Adjourn. (b) Adjourn.
56. To Amend or Modify. (a) Amend. If it is desired to modify the question in any way, the proper motion to make is to "amend," either by "adding" words, or by "striking out" words; or by "striking out certain words and inserting others;" or by "substituting" a different motion on the same subject for the one before the assembly; or by "dividing the question" into two or more questions, as the mover specifies, so as to get a separate vote on any particular point or points. Sometimes the enemies of a measure seek to amend it in such a way as to divide its friends, and thus defeat it.
When the amendment has been moved and seconded, the chairman should always state the question distinctly, so that every one may know exactly what is before them, reading first the paragraph which it is proposed to amend; then the words to be struck out, if there are any; next, the words to be inserted, if any; and finally, the paragraph as it will stand if the
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amendment is adopted. He then states that the question is on the adoption of the amendment, which is open to debate, the remarks being confined to the merits of the amendment, only going into the main question so far as is necessary in order to ascertain the propriety of adopting the amendment.
This amendment can be amended, but an "amendment of an amendment" cannot be amended. None of the undebatable motions mentioned in Sec. 66, except to fix the time to which to adjourn, can be amended, nor can the motion to postpone indefinitely.
(b) Commit. If the original question is not well digested, or needs more amendment than can well be made in the assembly, it is usual to move "to refer it to a committee." This motion can be made while an amendment is pending, and it opens the whole merits of the question to debate. This motion can be amended by specifying the number of the committee, or how they shall be appointed, or when they shall report, or by giving them any other instructions. [See Sec. 53 on committees, and Sec. 46 (c) on their appointment.]
57. To Defer Action. (a) Postpone to a certain time. If it is desired to defer action
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upon a question till a particular time, the proper motion to make, is to "postpone it to that time." This motion allows of but limited debate, which must be confined to the propriety of the postponement to that time; it can be amended by altering the time, and this amendment allows of the same debate. The time specified must not be beyond that session [Sec. 70] of the assembly, except it be the next session, in which case it comes up with the unfinished business at the next session. This motion can be made when a motion to amend, or to commit or to postpone indefinitely, is pending.
(b) Lie on the table. Instead of postponing a question to a particular time, it may be desired to lay it aside temporarily until some other question is disposed of, retaining the privilege of resuming its consideration at any time.* [In Congress this motion is commonly used to defeat a measure, though it does not prevent a majority from taking it at any other time. 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. [See note at end of Sec. 35, Rules of Order, on the principles involved in making questions undebatable.] The only way to accomplish this, is to move that the question "lie on the table." This motion
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allowing of neither debate nor amendment, the chairman immediately puts the question; if carried, the whole matter is laid aside until the assembly vote to "take it from the table" (which latter motion is undebatable and possesses no privilege). Sometimes this motion is used to suppress a measure, as shown in Sec. 59 (c).
58. To Suppress Debate. (a) Previous Question. While as a general rule free debate is allowed upon every motion,* [Except an "objection to the consideration of the question" [Sec. 59 (a)]. See note to Sec. 35, Rules of Order, for a full discussion of this subject of debate.] which, if adopted, has the effect of adopting the original question or removing it from before the assembly for the session,—yet, to prevent a minority from making an improper use of this privilege, it is necessary to have methods by which debate can be closed, and final action at once be taken upon a question.
To accomplish this, when any debatable question is before the assembly, it is only necessary for some one to obtain the floor and "call for the previous question;" this call being seconded, the chairman, as it allows of no debate, instantly puts the question, thus: "Shall the main question be now put?" If this is carried by a two-thirds vote [Sec. 68], all debate instantly
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ceases, excepting that the member who offered the original resolution, or reported it from a committee, is, as in all other cases, entitled to the floor to close the debate; after which, the chairman immediately puts the questions to the assembly, first, on the motion to commit, if it is pending; if this is carried, of course the subject goes to the committee; if, however, it fails, the vote is next taken on amendments, and finally on the resolution as amended.
If a motion to postpone, either definitely or indefinitely, or a motion to reconsider, or an appeal is pending, the previous question is exhausted by the vote on the postponement, reconsideration or appeal, and does not cut off debate upon any other motions that may be pending. If the call for the previous question fails, that is, the debate is not cut off, the debate continues the same as if this motion had not been made. The previous question can be called for simply on an amendment, and after the amendment has been acted upon, the main question is again open to debate.
(b) An order limiting or closing debate. Sometimes, instead of cutting off debate entirely by ordering the previous question, it is desirable to allow of but very limited debate. In
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this case, a motion is made to limit the time allowed each speaker or the number of speeches on each side, or to appoint a time at which debate shall close and the question be put. The motion may be made to limit debate on an amendment, in which case the main question would afterwards be open to debate and amendment; or it may be made simply on an amendment to an amendment.
In ordinary societies, where harmony is so important, a two-thirds vote should be required for the adoption of any of the above motions to cut off or limit debate.* [In the House of Representatives, these motions require only a majority vote for their adoption. In the Senate, to the contrary, not even two-thirds of the members can force a measure to its passage without allowing debate, the Senate rules not recognizing the above motions.
59. To Suppress the Question. (a) Objection to the consideration of a question. Sometimes a resolution is introduced that the assembly do not wish to consider at all, because it is profitless, or irrelevant to the objects of the assembly, or for other reasons. The proper course to pursue in such case, is for some one, as soon as it is introduced, to "object to the consideration of the question." This objection not requiring a second, the chairman immediately
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puts the question, "Will the assembly consider this question?" If decided in the negative by a two-thirds vote, the question is immediately dismissed, and cannot be again introduced during that session. This objection must be made when the question is first introduced, before it has been debated, and it can be made when another member has the floor.
(b) Postpone indefinitely. After the question has been debated, the proper motion to use in order to suppress the question for the session, is to postpone indefinitely. It cannot be made while any motion except the original or main question is pending, but it can be made after an amendment has been acted upon, and the main question, as amended, is before the assembly. It opens the merits of the main question to debate to as great an extent as if the main question were before the assembly. On account of these two facts, in assemblies with short sessions it is not very useful, as the same result can usually be more easily attained by the next motion.
(c) Lie on the table. If there is no possibility during the remainder of the session of obtaining a majority vote for taking up the question, then the quickest way of suppressing it is
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to move "that the question lie on the table;" which, allowing of no debate, enables the majority to instantly lay the question on the table, from which it cannot be taken without their consent.
From its high rank [Sec. 64] and undebatable character, this motion is very commonly used to suppress a question, but, as shown in Sec. 57 (b), its effect is merely to lay the question aside till the assembly choose to consider it, and it only suppresses the question so long as there is a majority opposed to its consideration.
60. To Consider a question a second time. Reconsider. When a question has been once adopted, rejected or suppressed, it cannot be again considered during that session [Sec. 70], except by a motion to "reconsider the vote" on that question. This motion can only be made by one who voted on the prevailing side, and on the day the vote was taken which it is proposed to reconsider.* [In Congress it can be made on the same or succeeding day; and if the yeas and nays were not taken on the vote, any one can move the reconsideration. The yeas and nays are however ordered on all important votes in Congress, which is not the case in ordinary societies.] It can be made and entered on the minutes in the midst of debate, even when another member has the floor, but cannot be considered until there is no question
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before the assembly, when, if called up, it takes precedence of every motion except to adjourn and to fix the time to which the assembly shall adjourn.
A motion to reconsider a vote on a debatable question, opens to debate the entire merits of the original motion. If the question to be reconsidered is undebatable, then the reconsideration is undebatable.
If the motion to reconsider is carried, the chairman announces that the question now recurs on the adoption of the question the vote on which has been just reconsidered: the original question is now in exactly the same condition that it was in before the first vote was taken on its adoption, and must be disposed of by a vote.
When a motion to reconsider is entered on the minutes, it need not be called up by the mover till the next meeting, on a succeeding day.* [If the assembly has not adopted these or similar rules, this paragraph would not apply, but this motion to reconsider would, like any other motion, fall to the ground if not acted upon before the close of the session at which the original vote was adopted.] If he fails to call it up then, any one else can do so. But should there be no succeeding meeting, either adjourned or regular, within a month, then the effect of the motion to reconsider
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terminates with the adjournment of the meeting at which it was made, and any one can call it up at that meeting.
In general no motion (except to adjourn) that has been once acted upon, can again be considered during the same session, except by a motion to reconsider. [The motion to adjourn can be renewed if there has been progress in business or debate, and it cannot be reconsidered.] But this rule does not prevent the renewal of any of the motions mentioned in Sec. 64, provided the question before the assembly has in any way changed; for in this case, while the motions are nominally the same, they are in fact different.* [Thus to move to postpone a resolution is a different question from moving to postpone it after it has been amended. A motion to suspend the rules for a certain purpose cannot be renewed at the same meeting, but can be at an adjourned meeting. A call for the orders of the day that has been negatived, cannot be renewed while the question then before the assembly is still under consideration. See Rules of Order, Sec. 27, for many peculiarities of this motion.]
61. Order and Rules. (a) Orders of the Day. Sometimes an assembly decides that certain questions shall be considered at a particular time, and when that time arrives those questions constitute what is termed the "orders of the day," and if any member "calls for the orders of the day," as it requires no second, the
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chairman immediately puts the question, thus: "Will the assembly now proceed to the orders of the day?" If carried, the subject under consideration is laid aside, and the questions appointed for that time are taken up in their order. When the time arrives, the chairman may state that fact, and put the above question without waiting for a motion. If the motion fails, the call for the orders of the day cannot be renewed till the subject then before the assembly is disposed of.* [In Congress, a member entitled to the floor cannot be interrupted by a call for the orders of the day. In an ordinary assembly, the most common case where orders of the day are decided upon is where it is necessary to make a programme for the session. When the hour arrives for the consideration of any subject on the programme, these rules permit any member to call for the orders of the day (as described in Rules of Order, Sec. 2) even though another person has the floor. If this were not permitted, it would often be impossible to carry out the programme, though wished for by the majority. A majority could postpone the orders of the day, when called for, so as to continue the discussion of the question then before the assembly. An order as to the time when any subject shall be considered, must not be confounded with the rules of the assembly; the latter must be enforced by the chairman, without they are suspended by a two-thirds vote; the former, in strictness, can only be carried out by the order of a majority of the assembly then present and voting.] |
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