RULES FOR ORGANIZATION AND PROCEDURE

IN DELIBERATIVE ASSEMBLIES.

CHAPTER I.

ORIGIN AND PURPOSE OF THE RULES OF ORDER.

THE rules of order for deliberative bodies are the results of centuries of experience in England and in this country. They grew up in the English Parliament, and are often called rules of parliamentary order. Their purpose is to secure to all the members alike, of any body whatever that has met to debate or discuss questions, entire freedom of speech, protection from interruption and from ill treatment of any kind. They determine in what order motions in relation to various subjects shall be considered, and generally how the assembly may proceed to accomplish its purposes. The reasons for these rules may not always be obvious, but they are such as the experience of England for many ages, and of this country for more than a century, has proved to be on the whole beneficial. Hence, when any assembly of men come together to discuss matters of common interest, these rules are considered as applying of course.

When the body is permanent, having many sessions, it is common to vote that the established rules of order shall have force in that body until changed. As these rules have no binding force on any body, it is always competent for any assembly, whether temporary or permanent, to change these rules, and adopt new ones at their pleasure.

It not unfrequently happens that some member of an assembly or meeting moves to dispense with the rules, or with some special rule. In permanent bodies there are usually rules for determining how large a majority of members is requisite to suspend the rules; as, for example, two-thirds or three-fourths. Where there is no such rule, a simple majority may suspend the rules, or any rule. Sometimes a member will ask that a measure be adopted by general consent. The presiding officer then puts the motion, and, if no one objects, it is carried, but if any one objects, it is withdrawn.

In what follows, I sometimes use the word "assembly," or "house," or "casual meeting." By the word " assembly" I refer generally to permanent bodies, as legislatures, city councils, school committees, and the like. By "casual meeting" I mean an assemblage of persons who come together for some common purpose, or moved by some common interest, to deliberate upon and take such measures as seem to them desirable, but who have no official and permanent existence as a political body. But the rules of order may be considered as applying for the most part to all these bodies or meetings alike, so far as the character and purpose of the meeting permits.

CHAPTER II.

ORGANIZATION.

Ir the body be a permanent one, it has officers who, at the first session, are chosen, or who hold office by some law or rule; and they take their places in discharge of their duties at every session. Thus, at a town meeting, the senior selectman presides at meetings appointed by law for the election of various public officers. At other town meetings, a presiding officer must first be chosen. The presiding officer of the body to be organized may be a speaker, moderator, chairman, or president.

If an assembly of men come together who are as yet without organization, some one says aloud, "Gentlemen will please come to order;" and as soon as order and silence are obtained, he says, Please nominate a moderator (or chairman)." When nominations are made, it is his duty to take the first that comes to his ear, and say, "Mr. A B is nominated as moderator; is it your pleasure that he be chosen to that office? Those who are in favor thereof will say 'aye." "" When they have voted, he says, "They who are opposed thereto will say 'nay' (or 'yes' and 'no'); and he will then announce the vote as in the affirmative or negative. If in the negative, he will call for another nomination: if in the affirmative, he will conduct the person chosen to the chair, or will call upon him to take the chair. This person becomes then the presiding officer of the meeting. Upon taking the chair, he will proceed to complete the organization by asking for the election of a clerk, who is then chosen in the same manner as the presiding officer was. The vote may be taken by holding up of hands, or by ballot.

It not unfrequently happens, in large and important meetings, that the first organization is only temporary, and that the first thing done by it is to choose a committee to report names for a permanent organization. The presiding officer usually says, "How shall this committee be chosen?" If some one replies by a motion that the committee be nominated by the chair, he puts that motion, and, if it be adopted, proceeds to nominate the committee. If the motion is to appoint them by nomination from the meeting, and that is carried, the chairman asks for nominations, and then pats each name as he first hears it to the vote.

If the assembly consists of delegates chosen to attend it, the next step should be for the appointment of a committee to receive and examine credentials; because only those who are duly authorized should vote on the

permanent organization or any subsequent questions. This committee is raised either by appointment by the chair, or by nomination, as before. Strictly, this committee should make their report, and the right of those present to be there ascertained, before any thing further is done. But as the examination of credentials sometimes occupies a considerable time, it is common to proceed at once to the permanent organization and the business of the meeting. It is obvious, however, that no important questions should be passed upon until it is known who has the right to vote upon them

CHAPTER III.

QUORUM.

THIS word means, in practice, the number of persons, or the proportion of the whole number, who are necessary for the transaction of business. This number or proportion may be fixed by law; and if not so fixed, it may be determined by the assembly itself, or it may be regulated by some recognized usage. If there be no rule on the subject, one more than half of the number of the members composing the assembly is the number required to transact business. No business should be transacted unless a quorum be present; and if at any time a member states that he thinks a quorum is not present, and asks for a count, such count must be taken by the presiding officer, or under his direction; and if it is found that the number is less than that requisite for a quorum, the assembly is adjourned This is called being “counted out.”

CHAPTER IV.

HOW QUESTIONS ARE DECIDED.

THE general rule is, by a majority of those present and voting. But this rule may be qualified by a specific rule of the assembly, or of the law creating the assembly, requiring a specific number or proportion in relation to some special question; thus, sometimes a vote cannot be passed, as, for example, over the veto of the President of the United States, by less than two-thirds of each House. Some of our State constitutions provide that certain things shall be done by the legislature only by a certain proportion of all the members elected; and it is common to provide that the rules and orders shall not be changed without a consent of two-thirds, or of a still larger proportion. On the other hand, it is very common to provide that one-third or one-fourth of the members voting shall suffice to require the taking of a question by yeas and nays. This is done in part to make a vote more certain; but mainly, that all may know how each one votes.

OF THE OFFICERS.

The presiding officer announces the business which is before the assembly; and if that stands in any special order, as in the warrant for a town

meeting, he should announce it in that order; indeed, the warrant should be read.

He receives all motions and propositions offered by members, and puts to vote all questions which are regularly moved or properly arise, and announces the result. If any messages or communications are sent to the assembly, he receives and announces them. He nominates committees, if this be a part of his duty by a rule, or if it be ordered.

By far the most important part of his duty is to preserve the rules of order, and for this purpose to state what they are whenever a question arises. We shall presently see that there can be an appeal from his decision, and how that can be conducted; but unless there be such appeal, his ruling must be acquiesced in and promptly obeyed. This is, indeed, a matter of the last importance. If a presiding officer does not know his duty, or neglects or refuses to perform it, it is impossible for order to prevail. And if he tries to perform his duty, and is not effectually sustained by the assembly, it is impossible that there should be order, or any good result of the meeting; and the best thing it can do is to disperse itself at once. It is often a trying thing, especially for those not trained in the discipline of debate, to submit to rules which seem to them merely technical, and in their effects subversive of all free discussion. If such feelings prevail, and the meeting yields to them, or is unable to repress those who, from irritation, or mistake, or worse motives, insist upon disturbing the order of the assembly, nothing more can be done until in some way order is vindicated and restored; and if that cannot be done, it is not an organized assembly, but a mob.

CHAPTER V.

HOW BUSINESS MAY BE INTRODUCED.

If the assembly be a permanent one, there is probably some record of the orders of the day; and those subjects are to be considered in the order fixed for them, unless this order is changed by a special vote. Sometimes it is voted that the orders of the day shall be taken up at a certain hour, the previous time being open for motions. Sometimes a special topic has been assigned for a special hour; and when that hour comes, the presiding officer announces that hour and that topic, or any member may call it up. If none of these things designate the business which must come before the assembly, some business is introduced by motion.

A member, rising, addresses the presiding officer by his title, and the presiding officer, hearing him, calls to him by name, and this member then has the floor. If more members than one rise at once, the presiding officer should give the floor to him whose voice he first heard. But to prevent partiality, a member objecting that the presiding officer did not give the floor to himself or some other member who rose first, may ask for a vote upon this point; but this measure is seldom resorted to. No stranger can address the chair or the assembly; but he may offer a petition through any member, and it is every member's duty to offer to the assembly any peti

tion placed in his hands by his constituents, unless it is distinctly and certainly objectionable for indecency, personal scandal, or other impropriety. We have seen, in a former part of this volume, how the national constitution guards the right of petition. This petition, when offered, should be received and courteously dealt with.

CHAPTER VI.

OF MOTIONS.

It is convenient to divide motions into direct and principal motions on the one hand, and collateral or subsidiary motions on the other. Motions of the first class are those which introduce subjects or questions, or which directly qualify or dispose of them. Motions of the second class are such as to lay on the table, to postpone to a day certain, to commit, to amend, to postpone indefinitely, or a motion for the previous question. To these may be added a motion to adjourn. All of these motions will be separately considered.

The presiding officer may always direct that a motion be reduced to writing. Of course, if he exercises this power, he must be sure to do it impartially. It is sometimes especially necessary to do this when the debate grows confused, as by amendment upon amendment; for if it all be trusted to memory, it may be difficult to say what the question is. Sometimes the clerk or secretary reduces the motions to writing, as they are offered; and sometimes a member requires that a motion be reduced to writing, and then it is usually done; but, practically, this matter is left, in most cases, to the discretion of the presiding officer.

CHAPTER VII.

RESOLUTIONS AND ORDERS.

EVERY thing is decided by an assembly by a vote; and this, therefore, is a general term, covering all its acts. But these acts may be divided into resolutions and orders. A resolution expresses the sentiment, belief, or wish of the assembly. An order is a command, and it may be directed to one of their own officers, or to the whole body, as when an order is made as to the time of taking a question and the like; or to any person or body whom the assembly have a right to command. Sometimes, though not very accurately, it is expressed thus: Ordered, that so and so be requested to do a certain thing, as if the Secretary of the Commonwealth is requested to return a bill; which may always be done before it is approved.

SECONDING.

In practice, motions are often announced by the presiding officer without waiting for a seconding. One reason for this is, that if the presiding officer be a member of the assembly, he may second the motion himself; and