Chapter XII: Part I: Rules of Order (6)

{40} Taking a vote by yeas and nays, which has the effect to place on the record how each member votes, is peculiar to this country, and, while it consumes a great deal of time, is rarely useful in ordinary societies. While it can never be used to hinder business, as long as the above rule is observed, it should not be used at all in a mass meeting, or in any other assembly whose members are not responsible to a constituency. By the Constitution, one-fifth of the members present can, in either house of Congress, order a vote to be taken by yeas and nays. In representative bodies this method of voting is very useful, especially where the proceedings are published, as it enables the people to know how their representatives voted on important measures. If there is no legal or constitutional provision for the yeas and nays being ordered by a minority in a representative body, they should adopt a rule allowing the yeas and nays to be ordered by a one-fifth vote, as in Congress, or even by a much smaller number. In some small bodies a vote on a resolution must be taken by yeas and nays, upon the demand of a single member.

_General Consent._ Business can be expedited greatly by avoiding the formality of motions and voting in routine business and on questions of little importance, the chair assuming general (unanimous) consent until some one objects. It does not necessarily mean that every member is in favor of the motion, but, that knowing it is useless to oppose it, or even to discuss it, the opposition simply acquiesces in the informality. Thus, in the case of approving the minutes, the chair inquires if there are any corrections, and, if one is suggested, it is made: when no correction [or no further correction] is suggested, the chair says: “There being no corrections [or no further corrections] the minutes stand approved.” While routine and minor matters can be rapidly disposed of in this way, if at any time objection is made with reasonable promptness, the chair ignores what has been done in that case even if he has announced the result, and requires a regular vote. [See also page 202.]

=Absentee Voting.= In a strictly deliberative assembly no member can vote who is not present when the question is completely put. But in many societies the membership is scattered all over a state, or even still wider, and it has been found expedient to provide a method of voting that will enable all the members to vote upon certain matters, as upon amendments to constitutions, by-laws, and in elections of officers. This provision, when it is deemed advisable to adopt it, should be placed in the constitution or by-laws, as otherwise, unless the charter or state laws authorize absentee voting, no member can vote except in person. There are two forms of absentee voting—by mail, and proxy voting.

_Voting by Mail_ is used for election of officers, and for amendments to the constitution or by-laws, and for such other important matters as the society may order to be voted on in this way. If an amendment to the by-laws is to be voted on by mail, a printed copy of the proposed amendment is mailed to every member, with the words “yes” and “no” printed underneath, or on a separate slip, with directions to cross out one of them, and return in the enclosed envelope, upon which should be printed the words, “Ballot for Amendment to Constitution.” This envelope should usually have the signature of the voter on it, and be sealed and enclosed in another one addressed to the secretary, or to the chairman of the tellers, so that the inner envelope will not be opened except by the tellers when the votes are counted. If it is desired to present the arguments pro and con, the society can allow the leaders on the two sides to prepare brief statements to be printed and mailed with the proposed amendment to every member. Instead of having the voter’s signature on the inner envelope, it may be placed on the ballot, but a place for the signature should be indicated, so that there may be some means of protection against votes being cast by other than legal voters. Voting by mail cannot be a secret ballot, as it is necessary for the tellers to know by whom each vote is cast. By some such method as the above it is practicable to give all the members, however scattered they may be, an opportunity to vote on questions of great importance.

_Proxy Voting._ A proxy is a power of attorney given by one person to another to vote in his stead, and it is also used to designate the person who holds the power of attorney. It is unknown to a strictly deliberative assembly, and is in conflict with the idea of the equality of members, which is a fundamental principle of deliberative assemblies. There can be but little use for debate where one member has more votes than another, possibly more than all the others combined. If the proxy voting is limited to the election of a board of directors, as it is practically in stock corporations, and if, also, the proxies must be given to members of the corporation in all cases where it requires an election to become a member—with these two limitations proxy voting would be useful and do no harm. In stock companies the members meet only annually to elect directors, who elect the officers and transact the business of the corporation. Though the directors are elected largely by proxies, their own meetings, where all the business is done, are as secret as they choose to make them, no proxies being allowed in them, and therefore proxy voting does not interfere with their business. As any one can dispose of his stock to any one else, there is no objection to his appointing any one as his proxy. But the case is very different with many incorporated societies of a social, benevolent, or religious character, whose business meetings are sometimes secret. Their membership cannot be transferred by the members like stock, and therefore they should not be allowed to appoint any proxies who are not members of the organization. The state law is above the by-laws of the society, and if the state law empowers members of all corporations to appoint proxies to vote at all business meetings, no by-laws of an incorporated secret society could prevent non-members holding proxies from attending and voting at all business meetings of the society. This should not be the case. With stock corporations it does no harm, because all the business is done by directors, and no proxies are allowed in their meetings, and no one can be present without their consent. But in many societies of the kind mentioned the business is transacted in meetings attended by none but members, and unlimited proxies would be a serious interference with their work. If the state law requires proxy voting in all corporations, it should be limited to the election of officers, including directors, and also the proxies should be required to be held by members of the corporation in all organizations whose primary object is not pecuniary profit.

=47. Votes that are Null and Void even if Unanimous.= No motion is in order that conflicts with the laws of the nation, or state, or with the assembly’s constitution or by-laws, and if such a motion is adopted, even by a unanimous vote, it is null and void. No rule that conflicts with a rule of a higher order is of any authority; thus, a by-law providing for the suspension by general consent of an article of the constitution would be null and void; so, the general parliamentary rule allowing a two-thirds vote to amend the by-laws after due notice, is only in force when the by-laws are silent on the subject. Rules that protect absentees cannot be suspended informally by general consent, or formally by a unanimous vote, as the absentees have not given their consent. For instance, a rule requiring the giving of a specified notice of certain motions, as an amendment of the by-laws, cannot be suspended by general consent or by a unanimous vote. When a vote is required to be taken by ballot, the object is to enable members to conceal their votes, and any motion that defeats this object is out of order. Thus, when the rules require the vote to be by ballot, as is usual in elections to office or membership, this rule cannot be suspended even by general consent, because no one can object without exposing his vote, which he cannot be compelled to do. When the election must be by ballot, a motion to have the ballot cast by one person is out of order. So, when the rules require the vote to be by ballot, a motion to make unanimous a vote that was not unanimous, must be voted on by ballot, as otherwise the vote would not be secret.

=48. Motions requiring more than a Majority Vote.= _Majority Vote._ Any legitimate motion not included among those mentioned below as requiring more than a majority vote, requires for its adoption only a majority; that is, more than half of the votes cast, ignoring blanks, at a legal meeting where a quorum is present, unless a larger vote for its adoption is required by the rules of the assembly.

_General Consent or Unanimous Vote._ By general, or unanimous, or silent, consent the assembly can do business with little regard for the rules of procedure, as they are made for the protection of the minority, and when there is no minority to protect, there is little use for the restraint of the rules, except such as protect the rights of absent members, or the right to a secret vote. In the former case the consent of the absentees cannot be given, and in the latter case the consent cannot be withheld by the minority without exposing their votes, which they cannot be compelled to do. When the election is not by ballot and there are several candidates one of whom receives a majority vote, sometimes a motion is made to make the vote unanimous. It should never be made except by the candidate with the largest number of votes after the successful one, or his representative, and even then its propriety is doubtful. One negative vote defeats a motion to make a vote unanimous, as a single objection defeats a request for general consent.

By the legitimate use of the principle that the rules are designed for the protection of the minority, and generally need not be strictly enforced when there is no minority to protect, business may be greatly expedited. When there is evidently no opposition, the formality of voting can be avoided by the chair’s asking if there is any objection to the proposed action, and if there is none, announcing the result. The action thus taken is said to be done by general consent, or unanimous or silent consent. Thus, after an order has been adopted limiting the speeches to two minutes each, if a speaker is so interesting that when his time has expired there is a general demand for him to go on, the chair, instead of waiting for a motion and taking a vote, could accept it as the will of the assembly that the speaker’s time be extended, and would direct him to proceed. Or, he might say that if there is no objection the member’s time will be extended two minutes, or some other time. [See also page 198.]

_Two-thirds Vote._ A two-thirds vote means two-thirds of the votes cast, ignoring blanks which should never be counted. This must not be confused with a vote of two-thirds of the members present, or two-thirds of the members, terms sometimes used in by-laws. To illustrate the difference: Suppose 14 members vote on a question in a meeting of a society where 20 are present out of a total membership of 70, a two-thirds vote would be 10; a two-thirds vote of the members present would be 14; and a vote of two-thirds of the members would be 47.

There has been established as a compromise between the rights of the individual and the rights of the assembly the principle that a two-thirds vote is required to adopt any motion that suspends or modifies a rule of order previously adopted; or prevents the introduction of a question for consideration; or closes, or limits, or extends the limits of debate; or limits the freedom of nomination or voting; or closes nominations or the polls; or deprives one of membership or office. It will be found that every motion in the following list belongs to one of the classes just mentioned.

Motions Requiring a Two-thirds Vote.{41}

{41} The U. S. Constitution requires a two-thirds vote of both Houses to pass a resolution proposing an amendment to the Constitution, to pass a vetoed bill, or to remove political disabilities; a two-thirds vote of either House to expel a member; and a vote of two-thirds of the Senators present to ratify a treaty or convict on an impeachment. The House requires a two-thirds vote to suspend the rules, but is obliged to allow a majority to order the previous question or to limit debate, as otherwise its business could never be transacted. Still, a bill cannot be passed without at least forty minutes of debate, as that is allowed after the suspension of the rules or the previous question has been ordered. [See foot note to =44=.]

_Amend (Annul, Repeal, or Rescind) any part of the Constitution,
By-laws, or Rules of Order, previously adopted; it also
requires previous notice_ =68=
_Amend or Rescind a Standing Rule, a Program or Order of
Business, or a Resolution, previously adopted, without notice
being given at a previous meeting or in the call for the
meeting_ =37=
_Take up a Question out of its Proper Order_ =22=
_Suspend the Rules_ =22=
_Make a Special Order_ =20=
_Discharge an Order of the Day before it is pending_ =20=
_Refuse to Proceed to the Orders of the Day_ =20=
_Sustain an Objection to the Consideration of a Question_ =23=
_Previous Question_ =29=
_Limit, or Extend the Limits, of Debate_ =30=
_Extend the Time Appointed for Adjournment or for Taking a
Recess_ =20=
_Close Nominations_ [=26=] _or the Polls_ =25=
_Limit the Names to be Voted for_
_Expel from Membership: it also requires previous notice and
trial_ =75=
_Depose from Office: it also requires previous notice_
_Discharge a Committee when previous notice has not been given_ =32=
_Reconsider in Committee when a member of the majority is absent
and has not been notified of the proposed reconsideration_ =36=

Art. IX. Committees and Boards.

PAGE

=49.= Committees Classified =206=
=50.= Boards of Managers, etc., and Executive Committees =207=
=51.= Ex-Officio Members of Boards and Committees =210=
=52.= Committees, Special and Standing =211=
=53.= Reception of Reports =220=
=54.= Adoption or Acceptance of Reports =223=
=55.= Committee of the Whole =229=
=56.= As if in Committee of the Whole =233=
=57.= Informal Consideration =234=

=49. Committees Classified.= A Committee is a body of one or more persons appointed or elected by an assembly or society to consider, or investigate, or take action in regard to, certain matters or subjects; or to do all of these things. Committees may be divided into two distinct classes:

(1) Boards of Managers or Directors, Boards of Trustees, Executive Committees, etc.

(2) Ordinary Committees, Special or Standing, and Committee of the Whole and its substitutes.

These different kinds of committees are considered separately in the following five sections.

=50. Boards of Managers or Directors, Boards of Trustees, Executive Committees, etc.= Committees of this class are essentially small deliberative assemblies, subordinate to the body that appoints them, with their duties and authority, and the number of their regular meetings and their quorums, defined by the parent body, or by its authority. Boards or Committees of this class are usually appointed by organizations that meet only annually or quarterly. With such an organization it is customary and necessary to delegate to a committee, usually known as the Board of Managers or Directors, all its authority, with slight limitations, to be exercised between its meetings. The by-laws of the Board are adopted by the parent body, or the Board may be authorized to adopt its own by-laws. It is usual to authorize the Board to appoint from its membership an Executive Committee of a specified number who shall have all the power of the Board between the meetings of the Board, just as the Board has all the power of the Society between the meetings of the Society, except that the subordinate body cannot modify any action taken by its superior. The Executive Committee should be small and the members should live near enough each other to be able to have frequent regular meetings, besides special meetings in emergencies. Where the organization is local, such as a society for sustaining an orphan asylum, the Board of Managers usually divides itself into committees having charge of different branches of the work during the intervals between the monthly or quarterly meetings of the Board, when these committees report on the work done. It is seldom that resolutions or other matters are referred to boards or committees of this class for them to report back to the society with recommendations. If papers are referred to them it is usually for their information and action. They are organized as any other deliberative assembly with a chairman and a secretary, whom they elect if they are not appointed by the society. Frequently the by-laws of the society make its president and its corresponding, or executive secretary, ex-officio, [=51=] president and secretary of the Board of Managers.

In large boards business is transacted the same as in the society meetings; but in small boards the same formality is not necessary or usual, the informality observed by committees being generally allowed. In a board meeting where there are not more than about a dozen present, for instance, it is not necessary to rise in order to make a motion, nor to wait for recognition by the chair before speaking or making a motion, nor for a motion to have a second; nor is there any limit to the number of speeches, nor does the chairman leave the chair when making a motion or discussing a question. The formalities necessary in order to transact business in a large assembly would hinder business in so small a body.

Boards are often constituted so that the term of office of, say, one-third of its members expires each year. After each annual meeting in such case, the board elects new officers and committees, the same as if the entire board had been re-elected. All unfinished business falls to the ground when the new board is elected.

It is customary for the by-laws to require an annual report from the Board of Managers, which usually gives a brief account of its doings for the year with recommendations for the future. After discussion, and amendment if necessary, the report is usually adopted by the society and published in its annual proceedings as the report of the board. In such a case, care should be taken in publishing it to inclose in brackets all that has been struck out, and to put in italics whatever has been inserted, and to insert a note to that effect at the beginning of the report, so that exactly what the board recommended can readily be seen. The minutes should read thus: “The Board of Managers submitted its report which after discussion and amendment was adopted as follows, the words in brackets having been struck out and those underscored (in italics) having been inserted before the report was adopted.” The society cannot alter the report of the board. It may decline to indorse it, or even to allow it to be printed, but it cannot make it appear that the board stated anything different from what it has reported. By the above plan is shown exactly what the board reported and what the society adopted, or endorsed.

=51. Ex-Officio Members of Boards and Committees.= Frequently boards and committees contain some members who are members by virtue of their office, and, therefore, are termed ex-officio members. When such a member ceases to hold the office his membership of the board terminates automatically. If the ex-officio member is under the control of the society, there is no distinction between him and the other members except where the president is ex-officio member of all committees, in which case it is evidently the intention to permit, not to require, him to act as a member of the various committees, and therefore in counting a quorum he should not be counted as a member. The president is not a member of any committee except by virtue of a special rule, unless he is so appointed by the assembly. If the ex-officio member is not under the authority of the society, he has all the privileges, including the right to vote, but none of the obligations of membership; as when the governor of a state is, ex-officio, a manager or a trustee of a private academy.

=52. Committees, Special and Standing.= It is usual in deliberative assemblies, to have all preliminary work in the preparation of matter for their action done by means of committees. The committee may be either a “standing committee,” appointed for a definite time, as a session or a year; or a “special [or select] committee,” appointed for a special purpose; or a “committee of the whole” consisting of the entire assembly. [For method of appointing committees of the whole, see =55=; other committees, see Commit, =32=.] Committees of the whole are not used much except in legislative bodies, and when the word committees is used in this Manual, unless specified to the contrary, standing or special committees are meant. Unless the assembly has appointed a chairman, either directly or through its presiding officer, the first named on a committee, and in his absence the next named member, becomes chairman, and so on and should act as such unless the committee by a majority of its number elects a chairman, which it has the right to do if the assembly has not appointed one, and which a standing committee usually does. The clerk should furnish him, or, in his absence, some other member of the committee, with notice of the appointment of the committee, the names of the members, the papers or matter referred to it, and such instructions as the assembly has decided upon. Upon the committee’s request, all papers and books necessary for the proper performance of its duties should be turned over to it by the proper officers.

It is the duty of the chairman to call the committee together, but, if he is absent, or neglects or declines to call a meeting of the committee, it is the duty of the committee to meet on the call of any two of its members. In small special committees the chairman usually acts as secretary, but in large ones and in all standing committees, it is customary to elect a secretary, who keeps a brief memorandum of what is done, for the use of the committee. Members of the society have a right to appear at the committee meetings and present their views on the subject before it at such reasonable times as, upon request, the committee may appoint. But during the deliberations of the committee no one has a right to be present, except members of the committee.

The rules of the assembly, as far as possible, apply to the committee, but motions to close or limit debate are not allowed, and there is no limit to the number of times a member may speak, and unless the committee is very large, it is not necessary for any one to rise and address the chair before making a motion or speaking, nor does the chairman rise to put the question, nor does he leave the chair to speak or make motions, nor are motions seconded. These formalities are unnecessary because the committee is so small, but, unless agreed to by general consent, all questions must be put to vote. Instead of the chairman’s abstaining from speaking on questions, he is, usually, the most active participant in the discussions and work of the committee. In order that the assembly may have the benefit of the matured judgment of the committee, a reconsideration of a vote must be allowed regardless of the time and of previous reconsideration, and it may be moved by any one who did not vote with the minority, even if he was absent when the previous vote was taken; but it shall require a two-thirds vote for its adoption unless every member who voted with the majority is either present or received ample notice of the meeting and that the reconsideration was to be moved. This prevents taking advantage of the absence of members to reverse action, and enables members who were absent to bring up the question of reconsideration.

The committee constitute a miniature assembly, being able to act only when a quorum (a majority of the members) is present. If a paper is referred to them, they must not write on it, but should write their amendments on a separate sheet. If the amendments are numerous it is better to write out a substitute and submit it. If a resolution is referred to a committee while a motion to postpone indefinitely is pending, only the resolution is referred to the committee, the motion to postpone indefinitely being ignored. If amendments are pending they go to the committee, who may recommend their adoption or rejection, or make no recommendation in regard to them. If the committee originate the paper, all amendments must be incorporated in it. When they originate it, usually one member has previously prepared a draft, which is read entirely through, and then read by paragraphs, the chairman pausing after each paragraph, and asking: “Are there any amendments proposed to this paragraph?” No vote is taken on the adoption of the separate paragraphs; but, after the whole paper has been read in this way, it is open to amendment generally, by striking out any paragraph, or by substituting or inserting new ones, or by substituting an entirely new paper for it. If there is a preamble it is considered last. When the entire paper has been amended to suit the committee, they should adopt it as their report, and direct the chairman or some other member to report it to the assembly. When committees are appointed to investigate, or to report upon, certain matters, the report should close with, or be accompanied by, formal resolutions covering all recommendations, so that when their report is made no motion is necessary except to adopt the resolutions.

If the report is written in this form, “Your committee are of the opinion that Mr. A’s bill should be paid,” there might be some doubt as to the effect of the adoption of the recommendation or the report. The report should close with a recommendation that the following order be adopted: “Ordered, That the Treasurer pay Mr. A’s bill for $10.15.” If a report recommends that charges be preferred against Mr. B, it should close with recommending the adoption of resolutions, which should be written out, providing for holding an adjourned meeting, and for citing the member to appear at the adjourned meeting for trial on charges that must be specified. These should be prepared by the committee and submitted as a part of their report. The committee should never leave to others the responsibility of preparing resolutions to carry out their recommendations. They should consider this as one of their most important duties.

When the report has been adopted by the committee a clear copy is made, usually commencing in a style similar to this: “The committee to whom was referred (state the matter referred), beg leave to submit the following report;” or, “Your committee appointed to (specify the object), respectfully report,” etc. If the report is of much importance it should be signed by all the members concurring in the report; but when it is of little importance, or merely recommends amendments, etc., it may be signed by the chairman alone, his signature being followed by the word “Chairman.” He should not, however, place “Chairman” after his signature except when he signs the report alone and by the authority of the committee. The report must always be in the third person though written and signed by only one. The signature may be preceded by the words, “Respectfully submitted,” but it is not necessary. Usually the report is not dated or addressed, and sometimes it consists merely of a resolution, or a set of resolutions. In the latter case the chairman states he is instructed by the committee to submit and to move the adoption of the resolutions. The report of the majority is the report of the committee and should never be referred to as the majority report.

If the minority submit a report, (or more properly, their “views,”) it may commence thus: “The undersigned, a minority of the committee appointed, etc., not agreeing with the majority, desire to express their views in the case.” After the committee’s report has been read and the motion to adopt has been made and the question stated, it is usual to allow the minority to present their views, but if any one objects to its reception the chair should put the question to vote on its being received. It requires a majority vote to receive it, the question being undebatable. When the minority report is read it is for information, and it cannot be acted upon except by a motion to substitute it for the report of the committee. Whether the views of the minority are read or not, any one can move to substitute the resolutions they recommend for those recommended by the committee. Where the minority cannot agree, each member may submit his views separately. In some cases a member agrees to the report with a single exception, in which case instead of submitting his views separately, after all have signed who agree to the report he may write that he agrees to the report except the part which he specifies, and then sign the statement.

The committee’s report{42} can contain only that which has been agreed to by a majority vote at a meeting of which every member has been notified, or at an adjourned meeting thereof (a quorum, a majority of the members, being present), except where it is impracticable to have a meeting of the committee, when it may contain what is agreed to by every member. If a committee is appointed from different sections of the country with the expectation that its work will be done by correspondence, its report can contain only what is agreed to by a majority of the members.

{42} In Congress nothing can be “the report of the committee but what has been agreed to in committee actually assembled,” so that a report signed by a majority of a committee acting separately was ruled out. In some societies, however, it is often impracticable to have regular committee meetings with a majority present.

A committee, except a committee of the whole, can appoint a sub-committee which, however, reports to the committee, and never to the assembly. This sub-committee must consist of members of the committee, except in cases where the committee is appointed to take action that requires the assistance of others, as to make arrangements for holding a bazaar. In such a case it is best to appoint the committee with power to appoint such sub-committees as are required; or, as is frequently done, to appoint the committee “with power,” which means with power to take all the steps necessary to carry out its instructions. A committee has no power to punish its members for disorderly conduct, its recourse being to report the facts to the assembly. No allusion can be made in the assembly to what has occurred during the deliberations of the committee, unless it is by a report of the committee or by general consent. When a special committee is through with the business assigned it, a motion is made for the committee to “rise” (which is equivalent to the motion to adjourn without day), and that the chairman (or some member who is more familiar with the subject) make its report to the assembly. A special committee ceases to exist as soon as the assembly receives its report. When a committee adjourns without appointing a time for the next meeting, it is considered as having adjourned at the call of the chair, so that all the meetings of a special committee constitute one session. A meeting of a special committee may be called at any time by the chairman or by any two of its members, every member being notified. When a committee adjourns to meet at another time, it is not necessary (though usually advisable) that absent members should be notified of the adjourned meeting.

A standing committee is either wholly, or partially, elected at each annual meeting in ordinary societies, and immediately thereafter it reorganizes by electing a chairman (unless he has been appointed by the assembly) and a secretary. Therefore, a standing committee must report at the annual meeting, or before, on everything referred to it during the year. The motion to rise is never used in standing committees or boards, nor is it used in other committees except when the committee is ready to report so that it will never meet again. A special committee is appointed for a specific purpose, and until the duty assigned it by the society is accomplished it continues to exist, unless sooner discharged, which requires a two-thirds vote if done without notice being given. The fact that an annual meeting has intervened does not discharge a special committee appointed by a society. But in an elected or appointed body, as a convention, special committees that have not reported cease to exist when the new officers assume their duties at the next annual meeting. When discharged, the chairman of the committee returns to the secretary all documents received from him.

While in small assemblies, especially in those where but little business is done, there is not much need of committees, in large assemblies, or in those doing a great deal of business, committees are of the utmost importance. When a committee is properly selected, in nine cases out of ten its action decides that of the assembly. A committee for _action_ should be small, and consist only of those heartily in favor of the proposed action. If one not in sympathy with it is appointed, he should ask to be excused. A committee for deliberation or investigation, on the contrary, should be large, and represent all parties in the assembly, so that its opinion will carry with it as great weight as possible. The usefulness of the committee will be greatly impaired if any important faction of the assembly is unrepresented on the committee. The appointment of a committee is fully explained in =32=.

=53. Reception of Reports.= When there is a place in the order of business provided for reports of committees, they are not made until they are called for by the chair. Upon the arrival of the time for these reports, the chair calls for the reports of such officers and standing committees as are required to make reports, in the order in which they are arranged in the rules; after which he calls for the reports of the special committees in the order of their appointment. When called upon, the reporting member (who is the chairman of the committee unless another member is appointed to make the report) rises and addresses the chair, and, when recognized, reads the report and hands it to the presiding officer, or the secretary, and, when necessary, moves its adoption or acceptance as explained in the next section. If the committee reports back a paper with amendments, the amendments are read with sufficient of the related parts to make them understood. If it is desired to have a report made earlier than the rules allow, it can be done, by a two-thirds vote, by suspending the rules [=22=] and receiving the report at once.

If the order of business makes no provision for the report of the committee, the reporting member, when ready to report, obtains the floor when no business is pending, and informs the assembly that the committee to which was referred such a subject or paper has agreed upon a report which he is now prepared to submit. If the chair thinks the assembly wishes to hear the report he directs him to proceed, whereupon he reads the report and hands it to the chairman and makes the proper motion for its disposal. If before it is read any one objects to its reception, or if the chair is in doubt as to whether it should be received now, he puts to the assembly the question, “Shall the report be received now?” It requires a majority vote to receive it, and the question is undebatable. If the vote is in the negative, a time for the reception of the report should be appointed either by a vote or by general consent. Usually no motions are made or votes taken in regard to receiving reports, these matters being all settled informally by general consent.

If the report is a final one, when the assembly has received the report the committee has completed its work, and, without any motion, it is automatically discharged from further consideration of the subject, and, if it is a special committee, it ceases to exist. If the report is only a partial one the committee is not discharged unless the assembly so votes. If the subject is recommitted the committee is revived (unless the reference is to another committee), and all parts of the report that have not been adopted by the assembly are ignored by the committee as if the report had never been made. If any member or members wish to submit the views of the minority it is customary to receive such a report immediately after receiving the report of the committee. In such case the reporting member should notify the assembly that the views of the minority will be submitted in a separate paper. As soon as the chair has stated the question on the report, he should call for the views of the minority, which are then read for information. They cannot be acted upon unless it is moved to substitute them for the committee’s report, or rather to substitute the recommendations of the minority for those of the committee.

A very common error is, after a report has been read, to move that it be received, whereas the fact that it has been read shows that it has been already received by the assembly. Another mistake, less common, but dangerous, is to vote that the report be accepted, which is equivalent to adopting it [see next section], when the intention is only to have the report up for consideration and afterwards to vote on its adoption.

=54. Adoption or Acceptance of Reports.= When the report of a committee has been received, that is, has been presented to the assembly and either read or handed to the chair or the secretary, the next business in order is the disposal of the report, the proper disposition depending upon its nature.

(1) If the report contains only a statement of fact or opinion for the information of the assembly, the reporting member makes no motion for its disposal, as there is no necessity for action on the report. But if any action is taken, the proper motion, which should be made by some one else, is to “accept the report,” which has the effect of endorsing the statement and making the assembly assume responsibility for it.

If it is a financial report, as in case of a board of trustees or a treasurer, it should be referred to an auditing committee, as the vote to accept the report does not endorse the accuracy of the figures, for the assembly can only be sure of that by having the report audited. Whenever such a financial report is made, the chair, without any motion, should say it is referred to the auditing committee or auditors, if there are any. If there are none, then the proper motion is to refer it to an auditing committee to be appointed by the chair. When the auditing committee reports, this report should be accepted, or adopted, which carries with it the endorsement of the financial report.

(2) If the report contains recommendations not in the form of motions, they should all be placed at the end of the report, even if they have been given separately before, and the proper motion is to adopt the recommendations.

(3) If the report concludes with a resolution or a series of resolutions, the proper course is for the reporting member to move that the resolution or resolutions be adopted or agreed to. This method should be adopted whenever practicable.

(4) If a committee reports back a resolution which was referred to it, the motion to postpone indefinitely, if it was pending, is ignored; if an amendment was pending it should be reported on. The form of the question to be stated by the chair depends upon the recommendation of the committee as follows: (_a_) If the committee recommends its adoption, or makes no recommendation (where it can come to no agreement), the question should be stated on the amendment if there was one pending, and then on the resolution. These motions were pending when the question was referred to the committee, and therefore should not be made again. (_b_) If the recommendation is that the resolution be not adopted, the question on the resolution, when it is put, should be stated thus: “The question is on the adoption of the resolution, the recommendation of the committee to the contrary notwithstanding.” A similar course is pursued if the committee recommends that an amendment be not adopted. (_c_) If the committee recommends that the resolution be postponed indefinitely, or postponed to a certain time, the question should be on the postponement, and, if that is lost, then on the resolution.

(_d_) If the committee reports back a resolution or paper with amendments, the reporting member reads only the amendments with sufficient of the context to make them understood and then moves their adoption. The chairman, after stating the question on the adoption of the amendments, calls for the reading of the first amendment, after which it is open for debate and amendment. A vote is then taken on adopting this amendment, and the next is read, and so on till the amendments are adopted or rejected, admitting amendments to the committee’s amendments, but no others. When through with the committee’s amendments, the chairman pauses for any other amendments to be proposed by the assembly; and when these are voted on he puts the question on agreeing to, or adopting, the paper as amended, unless, in a case like revising the by-laws, they have been already adopted. By suspending the rules [=22=], or by general consent, a report can be at once adopted without following any of the above routine.

If the amendments do not call for debate or amendment, as when reported from the committee of the whole, where they have been already discussed, the chair puts a single question on all the committee’s amendments except those for which a member asks a separate vote, thus: “As many as are in favor of adopting the amendments recommended by the committee, except those for which a separate vote has been asked, say _aye_; those opposed say _no_.” He then takes up the remaining amendments separately in their order.

(_e_) If the committee reports back a resolution with a substitute which it recommends for adoption, the chair states the question on the substitute, if there were no amendments pending when the resolution was committed. If, however, amendments were pending when the resolution was committed, the chair first states the questions on those pending amendments, and when they are disposed of he states the question on the substitute. In either case the substitute is treated like any other substitute motion, the resolution being first perfected by amendments and then the substitute resolution. After both have been thus perfected the question is put on the substitution, and finally on the resolution. If the substitute is lost the resolution is open to amendments proposed by members. (_f_) If the report is of a nomination committee no vote should be taken, any more than if a member had made the nominations. (_g_) If the report is from the membership committee, the chair at once states the question on the reception as members of the candidates recommended by the committee.

A partial report of a committee is treated the same as the final report. If it reports progress only, without recommendations or conclusions, it is treated as any other report for information, and no action need be taken. But, if the partial report recommends action, then the question is to be put on adopting the report, or its recommendations, or the resolutions, the same as if it were the final report.

While it is customary in ordinary societies to make and second a motion to accept or adopt a committee’s report, yet if the motion is not made and the chair deems it best to have a vote taken on the question, he may state the appropriate question without waiting for a motion, accepting the submission of the report by a committee as equivalent to moving the adoption of the appropriate motion for disposing of it, just as is the case when one offers a resolution. To wait to see if two members are in favor of a proposition which at least two have signed, or authorized the chairman, or reporting member, to sign, would appear useless. In ordinary societies the chairman of the assembly usually knows better than the reporting member how the business should be managed, especially if a resolution is reported with many amendments. However, unless the assembly is accustomed to having its chairman put the proper questions on the report without any formal motion, it is better for the reporting member to move the “adoption” of the resolutions or recommendations, as that is generally understood.

When the chair has stated the question on the adoption of the recommendations or resolutions, or of the report, the matter under consideration is open to debate and amendment, and may have applied to it any of the subsidiary motions, like other main questions. Its consideration cannot be objected to if the matter was referred to the committee. While the report of the committee or its resolutions may be amended by the assembly, these amendments only affect that which the assembly adopts, as the assembly cannot in any way change the committee’s report.

For example: A committee expresses the opinion that Mr. A has no right to commit a certain act, and the assembly strikes out this statement from the report before adopting it. This does not alter the report, but, when the assembly adopts the report, this statement is not adopted. So with a recommendation or a resolution: the assembly may strike out or add one or more recommendations or resolutions before adopting, but that does not alter the committee’s report. If the proceedings are published, the committee’s report should be printed exactly as it was submitted with the amendments printed below; or, still better, all words struck out should be enclosed in brackets and all words inserted should be printed in italics, and a note to that effect inserted at the beginning.

While the motions to adopt, to accept, etc., are often used indiscriminately, and the adoption of any one of them has the effect of endorsing or adopting the opinions, actions, recommendations, or resolutions submitted by the committee, as the case may be, yet it is better to use them as heretofore stated. If only one term is used, the word “adopt” is preferable, as it is least liable to be misunderstood.

=55. Committee of the Whole.= When an assembly has to consider a subject which it does not wish to refer to a committee, and yet where the subject matter is not well digested and put into proper form for its definite action, or when, for any other reason, it is desirable for the assembly to consider a subject with all the freedom of an ordinary committee, it is the practice to refer the matter to the “Committee of the Whole.” If it is desired to consider the question at once, the motion is made, “That the assembly do now resolve itself into a committee of the whole, to take under consideration,” etc., or, “That we go into committee of the whole to consider,” etc., specifying the subject. This is really a motion to “commit.” [See =32= for its order of precedence, etc.] If adopted, the chairman immediately calls another member to the chair, and takes his place as a member of the committee. The committee is under the rules of the assembly, excepting as stated hereafter in this section.

The only motions in order are to amend and adopt, and that the committee “rise and report,” as it cannot adjourn; nor can it order the “yeas and nays.” An appeal from the decision of the chair can be made, and it must be voted on directly, as it cannot be laid on the table or postponed, those motions not being allowed in committee of the whole. Each member can speak only once on the appeal. The only way to close or limit debate in committee of the whole is for the assembly, before going into committee of the whole, to vote that the debate in committee shall cease at a certain time, or that after a certain time no debate shall be allowed, excepting on new amendments, and then only one speech in favor of and one against it, of, say, five minutes each; or in some other way to regulate the time for debate.

If no limit is prescribed, any member may speak as often as he can get the floor, and as long each time as is allowed in debate in the assembly, but he cannot speak a second time provided a member wishes the floor who has not spoken on that particular question. Debate having been closed at a particular time by order of the assembly, the committee has not the power, even by unanimous consent, to extend the time. The committee cannot refer the subject to another committee. Like other committees, it cannot alter the text of any resolution referred to it; but if the resolution originated in the committee, then all the amendments are incorporated in it.

When the committee is through with the consideration of the subject referred to it, or if it wishes to adjourn, or to have the assembly limit debate, a motion is made that “the committee rise and report,” etc., specifying the result of its proceedings. The motion to “rise” is equivalent to the motion to adjourn in the assembly, and is always in order (except while voting or when another member has the floor), and is undebatable and cannot be amended. As soon as this motion is adopted the presiding officer takes the chair, and the chairman of the committee, having resumed his place in the assembly, rises, addresses the chair, and says: “The Committee of the Whole has had under consideration (here he describes the resolution or other matter) and has directed me to report the same with (or without, as the case may be) amendments,” provided the committee has concluded its business. If the committee has failed to come to a conclusion, strike out of the report all after “and has” and insert “come to no conclusion thereon.” If no amendments are reported, the chair at once states the question on the resolution or other matter referred to the committee. If amendments are reported the reporting member reads them, and hands the paper to the chair, who reads, and states and puts the question on the amendments as a whole, unless a member asks for a separate vote on one or more amendments, in which case a single vote is taken on all the other amendments, and then the question is stated separately on each of the amendments for which a separate vote was asked. The amendments may be debated and amended.

The secretary does not record in the minutes the proceedings of the committee, but should keep a memorandum of the proceedings for its use. In large assemblies the secretary vacates his chair, which is occupied by the chairman of the committee, and the assistant secretary acts as secretary of the committee. Should the committee become disorderly, and the chairman be unable to control it, the presiding officer should take the chair and declare the committee dissolved. The quorum of the committee of the whole is the same as that of the assembly [=64=]. If the committee finds itself without a quorum, it can only rise and report the fact to the assembly, which in such case must adjourn.