Sometimes a rule is made by the meeting that no member shall speak more than so many minutes; and a member having the floor under this rale may give up a part of his time to another member, reserving only what is left. When his time expires, it is the duty of the presiding officer to call upon him to stop; then some member may move that he have leave to go on, either indefinitely or for a certain time; and if the meeting so vote, he goes on.

Sometimes the assembly or meeting adopts a rule that the debate shall stop at a certain time, and the question shall then be taken; at which time it must be taken, unless otherwise ordered by a new vote.

Another common rule is, that the presiding officer does not vote unless there be a tie or equal vote, then he may vote; but if he declines to

vote, the motion does not pass.

Another rule, and one of much importance, is, that there should be but one question and one subject before the meeting at any one time. Every one knows how certainly, if a number of men meet and discuss a question in a conversation and without any order, the discussion will wander everywhere; new subjects coming up continually, as one or another suggests them, until there neither is nor can be any definite consideration of any one subject, and no rational conclusion concerning it. To make this disorder impossible is one of the main purposes of the rules of order; and it helps to accomplish this purpose if the meeting is willing to dispose altogether of one thing before they take up another.

CHAPTER XXI.

APPEALS FROM A PRESIDING OFFICER.

Ir is his duty to keep order, to conduct the transaction of business, and decide all questions according to the rules of order. But it is the right of any member to appeal from the decisions of the chair. When he rises and announces his appeal, the presiding officer says, "The decision of the chair is appealed from; the question before the assembly is, Shall the decision of the chair be sustained?" This question is debatable; and here the general rule is relaxed, and the presiding officer, without leaving his place, takes a part in the debate. Usually, he begins it by stating the reasons for his decision; the member who appeals follows him, with his reasons for dissenting. Then the debate goes on. When it closes, the presiding officer puts the question, "Shall the decision of the chair be sustained?" and, according to the result, he reasserts his decision or reverses it.

CHAPTER XXII.

RECONSIDERATION.

AFTER any vote has passed, a member may move for its reconsideration. It is a general rule or usage that only one who has voted with the

majority can move for a reconsideration. The reason for this rule is, that if no one of the majority is disposed to reconsider the vote, it may be supposed that if the vote were again taken it would pass by the same majority. The objection to this rule is, that after a vote has passed in a small meeting, members enough may come in who, had they been present and voted before, would have made a majority on the other side, and who would now reverse the vote. Practically, a member of a minority, wishing, for such reason, or any other good reason, to have the vote retaken, finds some member of the majority who will put the motion for him. In permanent assemblies there are generally rules on the subject of reconsideration; as that it cannot be made but once, or cannot be made unless within a certain short time after the vote passed. It may happen that a member voting with the majority will move at once a reconsideration, for the very purpose of preventing a reconsideration; for if the reconsideration is refused, which it will probably be when voted upon by the same persons, the vote is put beyond reach of reconsideration. If one who voted with the majority moves for reconsideration, intending to vote against it, and desiring thereby only to prevent a later consideration of the question, any member may move to lay the motion for reconsideration on the table. If the assembly is willing to do this, this motion may be called up at any time afterwards.

A member desiring reconsideration, but not wishing the vote taken at the time, may move for a reconsideration, and then move that his motion be laid on the table; and if this is done he can then call it up when he will.

CHAPTER XXIII.

OF A BILL.

A BILL, in parliamentary law, means an instrument which is intended to become a law. Before it can be this it must pass through sundry stages, which are devised to secure to the measure sufficient consideration and delay. These stages are not everywhere the same. Commonly they consist of three several readings, of engrossment, and of enactment.

A bill may be reported by a committee, of its own accord, or because it was instructed by the assembly to report such a bill; or any member may ask leave to offer a bill. When reported or offered, it is read the first time, usually without objection. It then passes into the orders of the day. When it comes up in its turn, or is called up, the presiding officer, naming the bill by its title, puts the question, "Shall this bill have its second reading?" At this time it may be debated and negatived; but usually it is not debated at this stage, and is sometimes read only by its title. It takes its place again in the orders of the day, and when it comes up for a third reading, it is usually debated, if at all. If it receives a third reading, the question is put (usually the next day), "Shall this bill be now engrossed?" This is seldom debated. If it is ordered to be en

grossed, it then goes to the other house; and if there it passes through the same stages, it goes to the committee of that house on engrossed bills. When they report that it is well and truly engrossed, it is returned to the house, and the question is there put, "Shall this bill be enacted?" If this be voted, it is sent to the senate, and if enacted there, is sent to the executive for his approval and signature.

There is usually a standing committee on bills in the third reading, and another on engrossed bills. The bill may be sent to either of these at the proper stage, or to any other committee, standing or special, or disposed of in any way, as the house shall choose. Sometimes, if there be no objection, a bill when presented is read twice (once usually by its title). and then sent to an appropriate committee, or otherwise disposed of.

After the bill has received the consent of the executive, or, if he vetoes it, is passed by the legislative body by the requisite majority over his veto, it becomes a statute or a law.

CHAPTER XXIV.

THE PRESERVATION OF ORDER.

It has been already said that the rules of procedure of a deliberative body are intended to preserve order, and are wisely adapted to that purpose. The importance of a due regard to them is obvious, for without order it is impossible that the deliberations of any meeting should be useful or lead to any good result.

It has been also intimated that the most important thing of all is that, on the one hand, the presiding officer should know his duty, and discharge it fearlessly, promptly, and impartially; and, on the other hand, that the assembly or meeting, of whatever kind it may be, should sustain the presiding officer by obedience to his ruling, and by compelling obedience on the part of the refractory and disorderly. We have already seen that the whole meeting, and every member of it, has it in their and his power to rectify any mistake or misdoing of the presiding officer in an efficient and orderly way, by an appeal properly conducted. If there be no such appeal, the only thing that remains is obedience. Undoubtedly there may be cases where the presiding officer mistakes his duty, or misuses his power; then let there be an appeal; but if there be no appeal, it must be far better to submit to the temporary and probably slight mischief resulting from his error, rather than throw the whole meeting into disorder, and cause the chaotic confusion which must ensue when the directions of him who should guide the meeting are wholly disregarded.

It has been said that the rules of order are the results of centuries of experience and of general consent; and it may therefore be believed that they are as well devised as any can be, for the preservation of order. But that they sometimes fail in this as any rules must-cannot be denied.

It may happen that a number of persons who are determined to delay, obstrict, and embarrass the procedure of an assembly, may do this through

676 A TREATISE ON THE RULES OF ORDER.

the application of the very rules of order. This practice has now grown so common and well known as to require a name for it; and a name has been drawn from other practices, not disreputable only, but criminal. That name is filibustering. But in a treatise on the rules of order, it cannot be necessary to say more of this practice than that it is simply a complete perversion of order into disorder.

GLOSSARY

OF

LAW TERMS IN COMMON USE.

A.

ABANDONMENT. A surrender of rights to property, or of property, by one person to another. Used in marine insurance, when the insured, having been paid as for a total loss, abandons what is left or saved of the property to the insurers.

ABATE. Literally, to throw down. Applied principally to nuisances, and then means their prostration or removal.

ABET. One abets another to commit a crime, by encouraging, commanding, procuring, or counselling him thereto.

ABDUCTION. Forcibly taking away or detaining a man's wife or child. ABSCOND. To go out of the jurisdiction of the courts, or conceal one's self, for the purpose of avoiding their process.

ACCEPTANCE. The reception of something offered by another with the purpose of retaining it; or of an order given by another. See chapters on AGREEMENTS, SALES, and NOTES AND BILLS.

ACCESSION. The right by which one holds all of one's own property together with all of that which has become united to it, naturally or artificially.

ACCESSORY. In criminal law, means one who is concerned in the perpetration of an offence, before the fact, by procuring, counselling, or commanding another to commit it; or, after the fact, one who, knowing the crime to have been committed, relieves, comforts, or assists the criminal,

ACCRETION. The increase of real estate by portions of soil that are added to it through the operation of natural and gradual causes. ACCRUE. To grow from, or to be added to, as interest accrues on the principal.

ACKNOWLEDGMENT. The act of declaring an act or deed to be his by one who executed the same. There are various ways of making an acknowledgment. See chapter on PURCHASE AND SALE OF REAL PROPERTY, and forms annexed thereto.