CHAPTER XX.

HOW A MOTION IS MADE.

A MEMBER rises and says, "Mr. Speaker" (or Mr. Moderator, or Mr. Chairman), "I offer the following motion," or, simply, "I move," &c. He then states or reads his motion. He should then stop until the presid ing officer puts the motion, and he may then speak to it. It is considered that he has the right to speak first upon it; and courtesy usually allows him the right of closing the debate. Every one who speaks should speak "to the question," as the phrase is, but in practice he is not required to confine himself strictly and narrowly to the exact question. He may say whatever seems to him to have a bearing upon it, though this be remote and collateral. Here a certain discretion may be used, and if there be no intentional disregard of order on the part of the speaker, the discretion should be liberal. At any time, however, the presiding officer, or any member believing the speaker to wander quite too far, may call him to order.

A member who has the floor may, at the request of some other member, give way to him. If he does so at all, he does so, in strict right, altogether; that is, after the member to whom he gives way has finished, any other member may obtain the floor by rising; but commonly, if a member having the floor gives way to another member for a special purpose, courtesy gives the floor back to him after the member to whom he yielded has finished his remarks; especially is this so if the member expressly gives way for a few minutes.

RULES AND USAGES OF DEBATE.

There are some rules or usages in this matter of debate which it may be well to mention. One is, that a mover should not make two motions at once; for example, he should not make a motion, and add thereto, "I move that this motion be laid on the table." Regularly, he should wait until the first motion is put, and then make his second motion; but in practice, it is common to make two such motions together, if this is not objected to.

Another rule intended to promote courtesy in debate is, that no member should be spoken of by name. He should be described as the member from such a place, or who spoke last, or last but one, or who made the motion, or in some such way. For a similar reason, no member having the floor can address any other member, or any person but the presiding officer.

It may be considered as a general rule that no person should speak more than once to the same question; but this rule, if it be one, is commoniy disregarded in practice. But if a member who has spoken once, or oftener, gets the floor, and a member who has not spoken at all rises and desires the floor, it is common and it is right for the presiding officer to give it to him

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 rule 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

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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.