that the smallest sum first be voted upon; and if that be rejected, then the large and the longest time first; and if that be rejected, then the shorter. While in the United States Senate the question is first on the largest sum, and then on the smaller, and first on the longest time, and then on the shorter. Permanent assemblies will probably make their own rule on the subject; and any casual meeting or assembly may direct whichever method preferred. On the whole, we think that the commonest, as well as most convenient and reasonable rule, is that of the Senate of the United States, just stated. Then, if the question be first taken on the largest amount, those who are in favor of some amount, but not of so large a one, can vote against it; and if it be negatived, the amount can be brought down by successive motions, until an amount be reached which a majority are willing to agree to. A similar remark may be made in regard to beginning with the longest time.

CHAPTER XV.

HOW COMMITTEES ARE APPOINTED.

IN permanent assemblies there are always rules as to the manner of appointing committees. In casual meetings, any method may be adopted that the meeting chooses. Sometimes they are chosen by ballot; sometimes by a nomination from members, followed by a vote; sometimes by a nomination by the presiding officer, followed by a vote; and sometimes by appointment by the president, without vote. If there be no general rule, and no special vote in reference to a committee, the customary way in casual meetings is for the presiding officer to nominate the members for the committee; and, generally, he offers such nomination to the meeting for a vote of approval; but this he need not do, unless a vote requires it. Sometimes the presiding officer declines to nominate, and asks the meeting to appoint in some other way. Sometimes the presiding officer is authorized to appoint the members at a future time, after the meeting is dissolved, and notify the members of the committee through the clerk or by publication. Sometimes the presiding officer, or other person or persons, are added to the committee by motion. It is not regular to put any persons on the committee who are not members of the assembly or meeting. This is sometimes done by casual meetings, and is to be understood as a request to such persons to serve the meeting in that way.

In appointing the committees, however this duty may be performed, it is customary to appoint the mover first on the committee, and after him, to appoint those who have manifested most interest in the question, equalizing those in the affirmative and in the negative, as far as may be, but having the balance rather in the affirmative than in the negative.

At the meetings of the committee, the common rules of order, so far as they are applicable, are usually applied. A majority of the committee constitutes a quorum, unless there be some vote or rule to the contrary. The number of the committee should be fixed by vote, if not by rule; and if various numbers are proposed, the most convenient and customary

method would be, as before, by beginning the vote with the largest number. When the committee are appointed, the clerk should notify the chairman, and inform him who the members are, and give him the papers referred to the committee.

HOW THE COMMITTEE MEET AND ACT.

The committee is called together by the person first named upon it, after such consultation with the other members about time and place as he sees fit.

The committee, when they meet, may choose a chairman, but an almost invariable usage appoints the person first named as chairman; usually, also, if the chairman be absent or disqualified, the person second named takes the place of chairman, and so on afterwards.

A committee is sometimes authorized to send for persons and papers, if the assembly appointing the committee has a right to require these; as, for example, a legislative body has. And the committee summons persons and demands papers; and if the persons do not come, or come but refuse to answer, or if the papers are not brought, the committee must report the fact to the assembly appointing them, who will then take such measures as they think proper.

In casual meetings, as, for example, of the stock-holders of a corporation, the committee is sometimes authorized and requested to obtain some desired information; and in this case, if they cannot obtain the information, they can only report the fact, leaving the body which appointed them to do what they think proper. An ordinary committee can adjourn from time to time, until their business is completed.

MINORITY REPORTS.

We have already spoken of the reports of a committee. Such a report is the report of a majority of the committee. There may also be minority reports; but these are not reports of the committee, and are not entitled to reception or consideration, but by vote. Practically, however, they are usually received as a matter of course, if not in themselves open to decided objection. They are not usually printed with the report of the committee, unless by special vote.

CHAPTER XVI.

COMMITTEE OF THE WHOLE.

SOMETIMES an assembly of a permanent character goes into committee of the whole. This may be done by a casual meeting, but little or nothing could be gained by it. The general purposes of going into committee of the whole are two; one of these is to give the presiding officer an opportunity for debate, such as any other member has. This purpose is sometimes accomplished more easily by the presiding officer simply putting a member in his chair and taking his place among the members, and there

joining in the debate; but regularly a presiding officer cannot take part in the debate. One reason for this rule is, that it helps him to preserve that impartiality which is strictly indispensable.

The more general purpose of going into committee of the whole is to give the opportunity for a freer discussion, because technical rules of order do not apply there with so much force. Moreover, motions may be made and questions put to the vote, and so the sentiment of the members ascertained, while the votes passed do not have the force and effect of formal votes of the assembly. It is a common thing for the committee thus to agree upon some measure which serves to indicate the opinion of the assembly and direct its action, although it has no binding force, and may be reversed in the assembly. While the technical rules of order are not in full force in the committee of the whole, they are in force so far as the preservation of order requires. The previous question cannot be put in the committee of the whole, nor is there any way to stop a debate of which the committee are weary, but by a motion that the committee rise and report. The committee of the whole cannot adjourn. When it gets through its work for that session, it can only rise and report progress, and, if it sees fit, ask leave to sit again. When it rises, the chairman reports progress to the assembly; that is, states briefly what the committee has done or agreed upon, and asks leave for the committee to sit again, if he be so instructed.

CHAPTER XVII.

PRIVILEGED QUESTIONS.

THAT one of these which is most frequently made use of is the right to call to order. This is a right which every member has at all times; and it is the only way in which it is orderly to interrupt a person while he has the floor and is speaking. The reason for this single exception to an otherwise universal rule is, that but for this rule a member who indulges in disorderly remarks and improprieties of any kind or extent would be permitted to go on as long as he chose. Therefore the presiding officer or any member may, at any time, call a speaking member to order. The way of doing so is this: the member, rising, says, "I call the gentleman to order," or "I rise to order." The presiding officer replies, "Mr. A B calls Mr. C b to order; Mr. C D will take his seat, and Mr. A B will state his point of order." The point of order being stated, the presiding officer then rules upon it. If he decides that the member speaking was out of order, he will tell him so, and point out wherein the disorder existed, and the member speaking will then resume his remarks; but if he persists in his disorder, the presiding officer will require him to take his seat and discontinue his speech. This is the ordinary way; but if the presiding officer decides that the speaking member is in order, any member of the assembly may appeal from this decision, and if the presiding officer decides that the speaking member is not in order, the member himself may appeal from the decision. Of this subject of appeals from the presiding officer we shall speak presently, now stating only that, after the question of order is determined, the

speaking member may resume his remarks and finish his speech, providing he avoids what has been decided to be disorderly.

It is hardly accurate to say that a call to order is the only thing which permits the interruption of a member speaking, for another member may perceive some other cause for interruption; as that persons are present who should not be, or that persons present are violating some order of the assembly, or that there is so much noise and confusion that the assembly cannot hear the person speaking. In any such case, any member is privileged to rise and call the speaker's attention to the disorder.

Another privileged question, which does not permit the interruption of a member speaking, but which takes precedence of all ordinary questions, is what may be called a personal privilege. It is when a member rises to complain of personal ill-treatment of him as a member, or of some public attack upon him, or falsification of his speech; and he invokes the protection of the house, or, it may be, the opportunity of correcting an error or exposing a falsity. So, also, if the assembly itself has been ill-treated in regard to its rights and privileges, any member may rise and state the fact, to the end that the assembly may protect itself.

CHAPTER XVIII.

ORDERS OF THE DAY.

In a permanent assembly there are always rules which regulate this matter. Generally the clerk, beside his daily record, keeps in a book appropriated to that purpose a list of what are called the orders of the day. It consists of each of the subjects for future action, which he enters as they come before the assembly. Those which are assigned to a day certain are especially the order for that day. When the orders of the day are called for, they are taken up in the order in which they stand in the book, unless some special rule or motion be made changing this order. Sometimes it is ruled that, on a certain day or days, the orders shall be taken up, and all debatable matter passed over. Then if any member, as any subject is called, expresses his wish to debate it, it is passed over. All other subjects are disposed of; and in this way the orders of the day are cleared of a large portion of their topics.

Sometimes some particular subject is assigned for some particular hour on a day named, and it is then the order of the day for that hour; and when the hour arrives, if the speaker does not announce it, it is a privileged motion to call it up for consideration; and when it is disposed of, the orders of the day are resumed in the order in which they stand in the book,

WHEN a motion is made on a subject, the presiding officer announces it, and so brings it before the assembly, usually adding, "The question before

the assembly is so and so." Then there may follow debate; and when the debate terminates, the presiding officer, rising, says, "Is the assembly ready for the question?" If there be no answer, or members say "yes," the speaker then puts the question, being very careful to state precisely what it is. He then says, "As many as are of opinion that this motion should be adopted" (or using some other equivalent or appropriate words) " will sayaye "" (or, will lift up their hands, as the rule or usage may be, or as he thinks proper to direct in the absence of any rule or usage). He then calls for the negative vote in the same manner; and then announces what he believes to be the result.

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HOW THE VOTE MAY BE ASCERTAINED.

If any member questions this result, he rises and says to the presiding officer, 66 I doubt the vote," or "Please make the vote certain." The presiding officer then says to the meeting, "The vote is doubted: those in favor of the motion will rise and stand in their places until they are counted." When they are counted, he will in the same manner call up those opposed to the motion; and when they are counted, he will announce the result. If so large a number arise at once as to make the majority certain, the presiding officer may omit the call on those who hold the opposite view, unless that is requested

The count is usually made by the presiding officer himself, or by the clerk under his direction, if the meeting is small enough to make this count easy and certain; otherwise, he appoints tellers. In permanent assemblies, where members have their fixed seats, tellers are usually appointed at the beginning of the session, for the different divisions of the assembly. In casual meetings, the presiding officer appoints the tellers, as the count is required; that is, he designates certain persons sitting in different parts of the meeting, each to count and report the votes within the part assigned to him, which is defined as well as it may be. After the rising vote is taken, the tellers are called upon in their order each to report his number, which the clerk repeats aloud and takes down: the result is then stated.

It may happen that a member doubts the accuracy of one or another of the tellers' reports; he may then move for a new count, and, if the assembly sees fit, a new count is ordered.

TAKING THE QUESTION BY YEAS AND NAYS.

In permanent assemblies this matter is regulated by rule, so that a number much less than a majority, as one-third or one-fourth, may require the votes to be so taken. The reason is, that it is a proper protection to the rights of a minority to require that each member should declare his vote, which is then recorded. A vote is taken in this way by calling the names from a list or roll, and it is therefore obvious that it cannot be se taken where there is no list or roll.