CHAPTER X.

OF THE ORDER AND SUCCESSION OF QUESTIONS.

134. It is a general rule, that, when a proposition is regularly before a deliberative assembly, for its consideration, no other proposition or motion can regularly be made or arise, so as to take the place of the former, and be first acted upon, unless it be either, _first_, a privileged question; _secondly_, a subsidiary question; or, _thirdly_, an incidental question or motion.

135. All these motions take the place of the principal motion, or main question, as it is usually called, and are to be first put to the question; and, among themselves, also, there are some, which, in like manner, take the place of all the others. Some of these questions merely supersede the principal question, until they have been decided; and, when decided, whether affirmatively or negatively, leave that question as before. Others of them also supersede the principal question, until they are decided; and, when decided one way, dispose of the principal question; but, if decided the other way, leave it as before.

Sect. I. Privileged Questions.

136. There are certain motions or questions, which, on account of the superior importance attributed to them, either in consequence of a vote of the assembly, or in themselves considered, or of the necessity of the proceedings to which they lead, are entitled to take the place of any other subject or proposition, which may then be under consideration, and to be first acted upon and decided by the assembly. These are called privileged questions, because they are entitled to precedence over other questions, though they are of different degrees among themselves. Questions of this nature are of three kinds, namely, _first_, motions to adjourn; _secondly_, motions or questions relating to the rights and privileges of the assembly, or of its members individually; and, _thirdly_, motions for the orders of the day.

Adjournment.

137. A motion to adjourn takes the place of all other questions whatsoever;[18] for, otherwise, the assembly might be kept sitting against its will, and for an indefinite time; but, in order to entitle this motion to precedence, it must be simply to “adjourn,” without the addition of any particular day or time. And, as the object of this motion, when made in the midst of some other proceeding, and with a view to supersede a question already proposed, is simply to break up the sitting, it does not admit of any amendment by the addition of a particular day, or in any other manner; though, if a motion to adjourn is made, when no other business is before the assembly, it may be amended like other questions.

138. A motion to adjourn is merely “that this assembly do now adjourn;” and, if it is carried in the affirmative, the assembly is adjourned to the next sitting day; unless it has previously come to a resolution, that, on rising, it will adjourn to a particular day; in which case, it is adjourned to that day.

139. An adjournment without day, that is, without any time being fixed for reassembling, would, in the case of any other than a legislative assembly, be equivalent to a dissolution.[19]

140. When a question is interrupted by an adjournment, before any vote or question has been taken upon it, it is thereby removed from before the assembly, and will not stand before it, as a matter of course, as its next meeting, but must be brought forward in the usual way.

Questions of Privilege.

141. The questions, next in relative importance, and which supersede all others for the time being except that of adjournment, are those which concern the rights and privileges of the assembly, or of its individual members; as, for example, when the proceedings of the assembly are disturbed or interrupted, whether by strangers or members; or where a quarrel arises between two members; and, in these cases, the matter of privilege supersedes the question pending at the time, together with all subsidiary and incidental ones, and must be first disposed of. When settled, the question interrupted by it is to be resumed, at the point where it was suspended.

Orders of the Day.

142. When the consideration of a subject has been assigned for a particular day, by an order of the assembly, the matter so assigned is called the order of the day for that day. If, in the course of business, as commonly happens in legislative assemblies, there are several subjects assigned for the same day, they are called the orders of the day.

143. A question, which is thus made the subject of an order for its consideration on a particular day, is thereby made a privileged question for that day; the order being a repeal, as to this special case, of the general rule as to business. If, therefore, any other proposition (with the exception of the two preceding[20]) is moved or arises, on the day assigned for the consideration of a particular subject, a motion for the order of the day will supersede the question first made, together with all subsidiary and incidental questions connected with it, and must be first put and decided; for if the debate or consideration of that subject were allowed to proceed, it might continue through the day and thus defeat the order.

144. But this motion, to entitle it to precedence, must be for the orders generally, if there is more than one, and not for any particular one; and, if decided in the affirmative, that is, that the assembly will now proceed to the orders of the day, they must then be read and gone through with, in the order in which they stand; priority of order being considered to give priority of right.

145. If the consideration of a subject is assigned for a particular hour on the day named, a motion to proceed to it is not a privileged motion, until that hour has arrived; but, if no hour is fixed, the order is for the entire day and every part of it.

146. Where there are several orders of the day, and one of them is fixed for a particular hour, if the orders are taken up before that hour, they are to be proceeded with as they stand, until that hour, and then the subject assigned for that hour is the next in order; but, if the orders are taken up at that time or afterwards, that particular subject must be considered as the first in order.

147. If the motion for the orders of the day is decided in the affirmative, the original question is removed from before the assembly, in the same manner as if it had been interrupted by an adjournment, and does not stand before the assembly, as a matter of course, at its next meeting, but must be renewed in the usual way.

148. If the motion is decided in the negative, the vote of the assembly is a discharge of the orders, so far as they interfere with the consideration of the subject then before it, and entitles that subject to be first disposed of.

149. Orders of the day, unless proceeded in and disposed of on the day assigned, fall, of course, and must be renewed for some other day. It may be provided, however, by a special rule, as in the legislative assemblies of Massachusetts, that the orders for a particular day shall hold for every succeeding day, until disposed of.

Sect. II. Incidental Questions.

150. Incidental questions are such as arise out of other questions, and are consequently to be decided before the questions which give rise to them. Of this nature are, _first_, questions of order; _second_, motions for the reading of papers, etc.; _third_, leave to withdraw a motion; _fourth_, suspension of a rule: and, _fifth_, amendment of an amendment.

Questions of Order.

151. It is the duty of the presiding officer of a deliberative assembly, to enforce the rules and orders of the body over which he presides, in all its proceedings; and this without question, debate, or delay, in all cases, in which the breach of order, or the departure from rule, is manifest. It is also the right of every member, taking notice of the breach of a rule, to insist upon the enforcement of it in the same manner.

152. But, though no question can be made, as to the enforcement of the rules, when there is a breach or manifest departure from them, so long as any member insists upon their enforcement; yet questions may and do frequently arise, as to the fact of there being a breach of order, or a violation of the rules in a particular proceeding; and these questions must be decided before a case can arise for the enforcement of the rules. Questions of this kind are denominated questions of order.

153. When any question of this nature arises, in the course of any other proceeding, it necessarily supersedes the further consideration of the subject out of which it arises, until that question is disposed of; then the original motion or proceeding revives, and resumes its former position, unless it has been itself disposed of by the question of order.

154. When a question of order is raised, as it may be by any one member, it is not stated from the chair, and decided by the assembly, like other questions; but is decided, in the first instance, by the presiding officer, without any previous debate or discussion by the assembly. If the decision of the presiding officer, is not satisfactory, any one member may object to it, and have the question decided by the assembly. This is called _appealing_ from the decision of the chair. The question is then stated by the presiding officer on the appeal, namely: _shall the decision of the chair stand as the decision of the assembly?_ and it is thereupon debated and decided by the assembly, in the same manner as any other question; except that the presiding officer is allowed to take a part in the debate, which; on ordinary occasions, he is prohibited from doing.

Reading Papers.

155. It is, for obvious reasons, a general rule, that, where papers are laid before a deliberative assembly, for its action, every member has a right to have them once read at the table, before he can be compelled to vote on them; and, consequently, when the reading of any paper, relative to a question before the assembly, is called for under this rule, no question need be made as to the reading; the paper is read by the clerk, under the direction of the presiding officer, as a matter of course.

156. But, with the exception of papers coming under this rule, it is not the right of any member to read himself, or to have read, any paper, book, or document whatever, without the leave of the assembly, upon a motion made and a question put for the purpose. The delay and interruption, which would otherwise ensue from reading every paper that might be called for, show the absolute necessity of restricting the rule within the narrowest possible limits, consistently with permitting every member to have as much information as possible, on the subjects in reference to which he is about to vote.

157. When, therefore, a member desires that any paper, book, or document, on the table, whether printed or written (except as above mentioned) should be read for his own information, or that of the assembly; or desires to read any such paper, book, or document, in his place, in the course of a debate, or otherwise; or even to read his own speech which he has prepared beforehand and committed to writing; in all these cases, if any objection is made, he must obtain leave of the assembly, for the reading, by a motion and vote for the purpose.

158. When the reading of a paper is evidently for information, and not for delay, it is the usual practice for the presiding officer to allow of it, unless objection is made, in which case leave must be asked; and this is seldom refused, where there is no intentional or gross abuse of the time and patience of the assembly.

159. It is not now the practice, as it once was, in legislative assemblies, to read all papers that are presented, especially when they are referred to committees immediately on their presentation; though the right of every member to insist upon one reading is still admitted. It would be impossible, with the amount of business done by legislative bodies, at the present day, to devote much of their time to the reading of papers.

160. When in the course of a debate or other proceeding, the reading of a paper is called for, and a question is made upon it, this question is incidental to the former, and must be first decided.

Withdrawal of a Motion.

161. A motion, when regularly made, seconded, and proposed from the chair, is then in the possession of the assembly, and cannot be withdrawn by the mover, or directly disposed of in any manner, but by a vote; hence, if the mover of a question wishes to modify it, or to substitute a different one in its place, he must obtain the leave of the assembly for that purpose; which leave can only be had, if objection is made, by a motion[21] and question in the usual mode of proceeding.

162. If this motion is decided in the affirmative, the motion to which it relates is thereby removed from before the assembly, as if it had never been moved; if in the negative, the business proceeds as before.

Suspension of a Rule.

163. When any contemplated motion or proceeding is rendered impracticable, by reason of the existence of some special rule by which it is prohibited, it has become an established practice in this country, to suspend or dispense with the rule, for the purpose of admitting the proceeding or motion which is desired. This can only be done by a motion and question; and, where this course is taken in order to a motion having reference to a proposition then under consideration, a motion to suspend the rule supersedes the original question for the time being, and is first to be decided.[22]

164. It is usual, in the code of rules adopted by deliberative assemblies, and especially legislative bodies, to provide that a certain number exceeding a majority, as two thirds or three fourths, shall be competent to the suspension of a rule in a particular case; where this is not provided, there seems to be no other mode of suspending or dispensing with a rule than by general consent.

Amendment of Amendments.

165. In treating of amendments, it has already been seen, that it is allowable to amend a proposed amendment; and that the question on such sub-amendment must necessarily be put and decided before putting the question on the amendment. The former is incidental to the latter, and supersedes it for the time being.

Sect. III. Subsidiary Questions.

166. Subsidiary, or secondary, questions or motions, as has already been stated, are those which relate to a principal motion, and are made use of to enable the assembly to dispose of it in the most appropriate manner. These motions have the effect to supersede, and, in some cases, when decided one way, to dispose of, the principal question. They are also of different degrees among themselves, and, according to their several natures, supersede, and sometimes dispose of, one another.

167. The subsidiary motions in common use are the following, namely:—lie on the table,—the previous question,—postponement, either indefinite or to a day certain,—commitment,—and, amendment.

168. It is a general rule, with certain exceptions which will be immediately mentioned, that subsidiary motions cannot be applied to one another; as for example, suppose a motion to postpone, commit or amend a principal question, it cannot be moved to suppress the motion to postpone, etc., by putting a previous question on it; or, suppose the previous question is moved, or a commitment, or amendment, of a main question, it cannot be moved to postpone the previous question, or the motion for commitment or amendment. The reasons for this rule are: 1. It would be absurd to separate the appendage from its principal; 2. It would be a piling of questions one on another, which, to avoid embarrassment, is not allowed; and 3, The same result may be reached more simply by voting against the motion which it is attempted to dispose of by another secondary motion.

169. The exceptions to the rule above stated are, that motions to postpone (either to a day certain or indefinitely), to commit, or to amend, a principal question, may be amended, for the reason, that the useful character of amendment gives it a privilege of attaching itself to a secondary and privileged motion; that is, a subsidiary motion to carry out and improve another may be applied to that other, but a subsidiary motion to dispose of or suppress another is not admissible. Hence, the subsidiary motions above mentioned may be amended.

170. A previous question, however, cannot be amended; the nature of it not admitting of any change. Parliamentary usage has fixed its form to be, shall the main question be now put? that is at this instant; and, as the present instant is but one, it cannot admit of any modifications; and to change it to the next day or any other moment is without example or utility. For the same reasons, also, that the form of it is fixed by parliamentary usage, and is already as simple as it can be, a motion to lie on the table cannot be amended.

Lie on the Table.

171. This motion is usually resorted to, when the assembly has something else before it, which claims its present attention, and therefore desires to lay aside a proposition for a short but indefinite time, reserving to itself the power to take it up when convenient. This motion takes precedence of and supersedes all the other subsidiary motions.

172. If decided in the affirmative, the principal motion, together with all the other motions, subsidiary and incidental, connected with it, is removed from before the assembly, until it is again taken up; which it may be, by motion and vote, at any time, when the assembly pleases.

173. If decided in the negative, the business proceeds in the same manner as if the motion had never been made.

Previous Question.

174. This motion has already been described (63), and the nature and effect of it fully stated. It stands in an equal degree with all the other subsidiary motions, except the motion to lie on the table; and, consequently, if first moved, is not subject to be superseded by a motion to postpone, commit or amend.

175. If the previous question is moved before the others above mentioned, and put to the question, it has the effect to prevent those motions from being made at all; for, if decided affirmatively, to wit, that the main question shall now be put, it would of course be contrary to the decision of the assembly, and therefore against order, to postpone, commit, or amend; and if decided negatively, to wit, that the main question shall not now be put, this takes the main question out of the possession of the assembly, for the day, so that there is then nothing before it to postpone, commit, or amend.[23]

Postponement.

176. The motion to postpone is either indefinite, or to a day certain; and, in both these forms, maybe amended; in the former, by making it to a day certain,—in the latter, by substituting one day for another. But, in the latter case, propositions to substitute different days for that originally named, bear more resemblance to propositions for filling blanks, than they do to amendments, and should be considered and treated accordingly.

177. If, therefore, a motion is made for an indefinite postponement, it may be moved to amend the motion, by making it to a day certain. If any other day is desired, it may be moved as an amendment to the amendment; or it may be moved as an independent motion, when the amendment has been rejected.

178. If a motion is made for a postponement to a day certain, it may be amended by the substitution of a different day; but in this case, a more simple and effectual mode of proceeding is to consider the day as a blank, to be filled in the usual manner, beginning with the longest time.

179. This motion stands in the same degree with motions for the previous question,—to commit,—and to amend; and, if first made, is not susceptible of being superseded by them.

180. If a motion for postponement is decided affirmatively, the proposition to which it is applied is removed from before the assembly, with all its appendages and incidents, and consequently there is no ground for either of the other subsidiary motions; if decided negatively, that the proposition shall not be postponed, that question may then be suppressed by the previous question, or committed, or amended.

Commitment.

181. A motion to commit, or recommit (which is the term used when the proposition has already been once committed), may be amended, by the substitution of one kind of committee for another, or be enlarging or diminishing the number of the members of the committee, as originally proposed, or by instructions to the committee.

182. This motion stands in the same degree with the previous question and postponement—and, if first made, is not superseded by them—but it takes precedence of a motion to amend.

183. If decided affirmatively, the proposition is removed from before the assembly; and, consequently, there is no ground for the previous question, or for postponement, or amendment; if negatively, to wit, that the principal question shall not be committed, that question may then be suppressed by the previous question, or postponed, or amended.

Amendment.

184. A motion to amend, as has been seen, may be itself amended. It stands in the same degree only with the previous question and indefinite postponement, and neither, if first moved, is superseded by the other.

185. But this motion is liable to be superseded by a motion to postpone to a day certain; so that amendment and postponement competing, the latter is to be first put. The reason is, that a question for amendment is not suppressed by postponing or adjourning the principal question, but remains before the assembly, whenever the main question is resumed; for otherwise, it might happen, that the occasion for other urgent business might go by and be lost by length of debate on the amendment, if the assembly had no power to postpone the whole subject.

186. A motion to amend may also be superseded by a motion to commit; so that the latter, though subsequently moved, is to be first put; because, “in truth, it facilitates and befriends the motion to amend.”

187. The effect of both a negative and an affirmative decision of amendments has already been considered (94 to 127).

18. It is commonly said, that a motion to adjourn is always in order, but this is not precisely true. The question of adjournment may be moved repeatedly on the same day; yet, in strictness, not without some intermediate question being proposed, after one motion to adjourn is disposed of, and before the next motion is made for adjourning; as, for example, an amendment to a pending question, or for the reading of some paper. The reason of this is, that, until some other proceeding has intervened, the question already decided is the same as that newly moved.

19. It is quite common, when the business of a deliberative assembly has been brought to a close, to adjourn the assembly without day. A better form is to dissolve it; as an adjournment without day, if we regard the etymology of the word adjourn, is a contradiction in terms.

20. “A motion to adjourn and a question of privilege, take precedence of a motion for the orders of the day.”—Ed.

21. “This motion is not debatable.”—Ed.

22. “A motion to suspend the rules is not debatable.”—Ed.

23. In the house of representatives of Massachusetts, as the effect of a negative decision of the previous question is not to remove the principal question from before the house, that question is still open to postponement, commitment, or amendment, notwithstanding such negative decision.