Chapter VIII: Part I: Rules of Order (2)

Before putting the motion to adjourn, the chair, in most organizations, should be sure that no important matters have been overlooked. If there are announcements to be made they should be attended to before taking the vote, or at least, before announcing it. If there is something requiring action before adjournment, the fact should be stated and the mover requested to withdraw his motion to adjourn. The fact that the motion to adjourn is undebatable does not prevent the assembly’s being informed of business requiring attention before adjournment. Members should not leave their seats until the chair has declared the assembly adjourned.

An adjournment sine die—that is, without day—closes the session and if there is no provision for convening the assembly again, of course the adjournment dissolves the assembly. But, if any provision has been made whereby another meeting may be held, its effect is simply to close the session. In an assembly, as a convention, which meets regularly only once during its life, but whose by-laws provide for calling special meetings, an adjournment sine die means only the ending of the regular session of the convention, which, however, may be reconvened as provided in the by-laws. If called to meet again the assembly meets as a body already organized.

When the motion to adjourn is qualified in any way, or when its effect is to dissolve the assembly without any provision being made for holding another meeting of the assembly, it loses its privilege and is a main motion, debatable and amendable and subject to having applied to it any of the subsidiary motions.

In committees where no provision has been made for future meetings, an adjournment is always at the call of the chair unless otherwise specified. When a special committee, or the committee of the whole, has completed the business referred to it, instead of adjourning, it _rises_ and reports, which is equivalent to adjournment without day.

The _Effect upon Unfinished Business_ of an adjournment, unless the assembly has adopted rules to the contrary, is as follows:

(_a_) When the adjournment does not close the session [=63=], the business interrupted by it is the first in order after the reading of the minutes at the next meeting, and is treated the same as if there had been no adjournment, an adjourned meeting being legally the continuation of the meeting of which it is an adjournment.

(_b_) When the adjournment closes a session{9} in an assembly having regular sessions as often as quarterly, the unfinished business should be taken up, just where it was interrupted, at the next succeeding session previous to new business; provided that, in a body elected, either wholly or in part, for a definite time (as a board of directors one-third of whom are elected annually), unfinished business falls to the ground with the expiration of the term for which the board, or any part of it, was elected.

{9} “All business before committees of the House at the end of one session shall be resumed at the commencement of the next session of the same Congress in the same manner as if no adjournment had taken place.” H. R. Rule 26. In practice this rule is applied to business before the House as well as to that before committees. But unfinished business does not go over from one Congress to another Congress. When a society meets only once in six months or a year, there is liable to be as great a difference in the personnel of the two consecutive meetings as of two consecutive Congresses; and only trouble would result from allowing unfinished business to hold over to the next yearly meeting.

(_c_) When the adjournment closes a session in an assembly which does not meet as often as quarterly, or when the assembly is an elective body, and this session ends the term of a portion of the members, the adjournment puts an end to all business unfinished at the close of the session. The business may be introduced at the next session, the same as if it had never been before the assembly.

=18. Take a Recess.={10} This motion is practically a combination of the two preceding, to which it yields, taking precedence of all other motions. If made when other business is before the assembly, it is a privileged motion and is undebatable and can have no subsidiary motion applied to it except amend. It can be amended as to the length of the recess. It takes effect immediately. A motion to take a recess made when no business is before the assembly, or a motion to take a recess at a future time, has no privilege, and is treated as any other main motion. A recess is an intermission in the day’s proceedings, as for meals or for counting the ballots when much time is required; or in the case of meetings like conventions lasting for several days a recess is sometimes taken over an entire day. When a recess is provided for in the order of exercises, or program, the chair, when the time arrives, announces the fact and says the assembly stands adjourned, or in recess, to the specified hour. The assembly by a two-thirds vote can postpone the time for taking a recess, or adjournment. When the hour has arrived to which the recess was taken, the chairman calls the assembly to order and the business proceeds the same as if no recess had been taken. If the recess was taken after a vote had been taken and before it was announced, then the first business is the announcement of the vote. The intermissions in the proceedings of a day are termed recesses, whether the assembly voted to take a recess, or whether it simply adjourned having previously adopted a program or rule providing for the hours of meeting. When an assembly has frequent short regular meetings not lasting over a day, and an adjourned meeting is held on another day, the interval between the meetings is not referred to as a recess.

{10} Congress has omitted this motion from its latest revision of the list of privileged motions, on account of its abuse for filibustering purposes, and its being so seldom needed.

=19. Questions of Privilege.= Questions relating to the rights and privileges of the assembly, or to any of its members, take precedence of all other motions except the three preceding relating to adjournment and recess, to which they yield. If the question is one requiring immediate action it may interrupt a member’s speech; as, for example, when, from any cause, a report that is being read cannot be heard in a part of the hall. But if it is not of such urgency it should not interrupt a member after he has commenced his speech. Before a member has commenced speaking, even though he has been assigned the floor, it is in order for another member to raise a question of privilege. When a member rises for this purpose he should not wait to be recognized, but immediately on rising should say, “Mr. Chairman,”—and when he catches the chairman’s eye, should add, “I rise to a question of privilege affecting the assembly,” or “I rise to a question of personal privilege.” The chair directs him to state his question, and then decides whether it is one of privilege or not. From this decision any two members may appeal. The chair may decide it to be a question of privilege, but not of sufficient urgency to justify interrupting the speaker. In such a case the speaker should be allowed to continue, and, when he has finished, the chair should immediately assign the floor to the member who raised the question of privilege to make his motion if one is necessary. Whenever his motion is made and stated, it becomes the immediately pending question and is open to debate and amendment and the application of all the other subsidiary motions just as any main motion. Its high privilege extends only to giving it the right to consideration in preference to any other question except one relating to adjournment or recess, and, in cases of great urgency, the right to interrupt a member while speaking. It cannot interrupt voting or verifying a vote. As soon as the question of privilege is disposed of, the business is resumed exactly where it was interrupted; if a member had the floor at the time the question of privilege was raised, the chair assigns him the floor again.

Questions of privilege may relate to the privileges of the assembly or only of a member, the former having the precedence if the two come into competition. Questions of personal privilege must relate to one as a member of the assembly, or else relate to charges against his character which, if true, would incapacitate him for membership. Questions like the following relate to the privileges of the assembly: those relating to the organization of the assembly; or to the comfort of its members, as the heating, lighting, ventilation, etc., of the hall, and freedom from noise and other disturbance; or to the conduct of its officers or employees; or to the punishing of a member for disorderly conduct or other offence; or to the conduct of reporters for the press, or to the accuracy of published reports of proceedings.

Privileged questions include, besides questions of privilege, a call for the orders of the day and the privileged motions relating to adjournment and recess. This distinction between privileged questions and questions of privilege should be borne in mind.

=20. Orders of the Day.={11} _A Call for the Orders of the Day_ (which, in an ordinary assembly, is a demand that the assembly conform to its program or order of business) can be made at any time when no other privileged [=14=] motion is pending and the order of business is being varied from, and only then. It requires no second, and is in order when another has the floor, even though it interrupts a speech, as a single member has a right to demand that the order of business be conformed to. It is out of order to call for the orders of the day when there is no variation from the order of business. Thus, the orders of the day cannot be called for when another question is pending, provided there are no special orders made for that time or an earlier time, as general orders cannot interrupt a question actually under consideration. The call must be simply for the orders of the day, and not for a specified one, as the latter has no privilege. When the time has arrived for which a special order has been made, a call for the orders of the day takes precedence of everything except the other privileged motions, namely, those relating to adjournment and recess, and questions of privilege, to which it yields. If there are no special orders a call for the orders of the day cannot interrupt a pending question; but, if made when no question is pending, it is in order even when another has the floor and has made a main motion, provided the chair has not stated the question. Until the time of actually taking up the general orders for consideration this call yields to a motion to reconsider, or to a calling up of a motion to reconsider, previously made. A call for the orders of the day cannot be debated or amended, or have any other subsidiary motion applied to it.

{11} While Congress retains the call for the orders of the day in its list of privileged motions, it has abandoned the use of orders of the day, having, instead, a detailed order of business with several calendars. It retains special orders which may be made by a two-thirds vote.

It is the duty of the chair to announce the business to come before the assembly in its proper order, and if he always performs this duty there will be no occasion for calling for the orders of the day. But there are occasions when the chair fails to notice that the time assigned for a special order has arrived, or he thinks that the assembly is so interested in the pending question that it does not wish yet to take up the special order assigned for that time, and therefore delays announcing it. In such a case, as already stated, any member has a right to call for the orders of the day, and thus compel the chair either to announce the order or else put the question, “Will the assembly proceed to the orders of the day?” To refuse to take up the orders at the appointed time is an interference with the order of business similar to suspending the rules and should require the same vote—namely, two-thirds. In other words, a two-thirds vote in the negative is necessary to prevent proceeding to the orders of the day. If the assembly refuses to proceed to the orders of the day the orders cannot be called for again until the pending business is disposed of.

When the orders of the day are announced, or when they are called for, if it is desired to prolong the discussion of the pending question, some one should move that the time for considering the pending question be extended a certain number of minutes. A two-thirds vote is required for the adoption of this motion as it changes the order of business or program. After the order has been announced and the question is actually pending, it is debatable and may be amended or have any other subsidiary motion applied to it the same as any other main motion. The orders of the day in a mass cannot be laid on the table or postponed, but when an order has been actually taken up it may, by a majority vote, be laid on the table, or postponed, or committed, so that, if there is no other order to interfere, the consideration of the question previously pending will be resumed. Whenever the orders of the day are disposed of, the consideration of the interrupted business is taken up at the point where it was interrupted by the call for the orders of the day. By suspending the rules by a two-thirds vote any question may be taken up out of its proper order.

_Orders of the Day._ When one or more subjects have been assigned to a particular day or hour (by postponing them to, or making them special orders for, that day or hour, or by adopting a program or order of business), they become the orders of the day for that day or hour, and they cannot be considered before that time, except by a two-thirds vote. They are divided into General Orders and Special Orders, the latter always taking precedence of the former.

A _General Order_ is usually made by simply postponing a question to a certain day or hour, or after a certain event. It does not suspend any rule, and therefore cannot interrupt business. But after the appointed hour has arrived it has the preference, when no question is pending, over all other questions except special orders and reconsideration. It cannot be considered before the appointed time except by a reconsideration or by a two-thirds vote. When the order of business provides for orders of the day, questions simply postponed to a meeting, without specifying the hour, come up under that head. If no provision is made for orders of the day, then such postponed questions come up after the disposal of the business pending at the previous adjournment, and after the questions on the calendar that were not disposed of at the previous meeting.

An order of business that specifies the order in which, but not the time when, the business shall be transacted, together with the postponed questions constitutes the general orders. This order cannot be varied from except by general consent or by suspending the rules by a two-thirds vote. If all of this business is not disposed of before adjournment, it becomes “unfinished business,” and is treated as unfinished business, as explained in =17= under The Effect Upon Unfinished Business of an Adjournment.

As general orders cannot interrupt the consideration of a pending question, it follows that any general order made for an earlier hour, though made afterwards, by not being disposed of in time may interfere with the general order previously made. Therefore, general orders must take precedence among themselves in the order of the times to which they were postponed, regardless of when the general order was made. If several are appointed for the same time, then they take precedence in the order in which they were made. If several appointed for the same time were made at the same time, then they take precedence in the order in which they were arranged in the motion making the general order.

To _Make a Special Order_ requires a two-thirds vote, because it suspends all rules that interfere with its consideration at the specified time, except those relating to motions for adjournment or recess, or to questions of privilege, or to special orders made before it was made. A pending question is made a special order for a future time by “Postponing it and making it a special order for that time.” [See Postpone to a Certain Time, =31=, which should be read in connection with this section.] If the question is not pending, the motion to make it a special order for a certain time is a main motion, debatable, amendable, etc. The member desirous of making it a special order should obtain the floor when nothing is pending, and business of that class, or new business, is in order, and say, “I move that the following resolution be made the special order for [specifying the time],” and then reads the resolution and hands it to the chair. Or he may adopt this form: “I offer the following resolution, and move that it be made a special order for the next meeting.” Or, in case a committee has been appointed to submit a revision of the constitution, the following resolution may be adopted: “Resolved, That the revision of the constitution be made the special order for Thursday morning and thereafter until it is disposed of.” Another way of making special orders is by adopting a program, or order of business, in which is specified the hour for taking up each topic.

_Program._ It is customary to adopt a program, or order of business, in conventions in session for several days. Since the delegates and invited speakers come from a distance, it is very important that the program be strictly adhered to. No change can be made in it after its adoption by the assembly, except by a two-thirds vote. When the hour assigned to a certain topic arrives, the chair puts to vote any questions pending and announces the topic for the hour. This is done because, under such circumstances, the form of the program implies that the hour, or other time, assigned to each topic is all that can be allowed. But, if any one moves to lay the question on the table, or postpone it to a certain time, or refer it to a committee, the chair should recognize the motion and immediately put it to vote without debate. Should any one move to extend the time allotted the pending question, it should be decided instantly without debate, a two-thirds vote being necessary for the extension. It is seldom that an extension is desirable, as it is unfair to the next topic. When an invited speaker exceeds his time it is extremely discourteous to call for the orders of the day. The chair should have an understanding with invited speakers as to how he will indicate the expiration of their time. This can be done by tapping on a book or a bell. It is usually better to have it understood that the signal will be given one minute before the time expires, or longer if the speaker wishes it, so that he can properly close his address. At the expiration of the time the presiding officer should rise and attract the attention of the speaker and, if he still continues speaking, the chair should say that the time has expired, etc.

A _series of special orders made by a single vote_ is treated the same as a program—that is, at the hour assigned to a particular subject it interrupts the question assigned to the previous hour. If it is desired to continue the discussion of the pending topic at another time, it can be laid on the table or postponed until after the close of the interrupting question, by a majority vote.

_Special Orders made at different times for specified hours._ When special orders that have been made at different times come into conflict, the one that was first made takes precedence of all special orders made afterwards, though the latter were made for an earlier hour. No special order can be made so as to interfere with one previously made. By reconsidering the vote making the first special order, they can be arranged in the order desired. Suppose, after a special order has been made for 3 P.M., one is made for 2 P.M., and still later one is made for 4 P.M.; if the 2 P.M. order is pending at 3 P.M., the order for 3 P.M., having been made first, interrupts it and continues, if not previously disposed of, beyond 4 P.M., regardless of the special order for that hour. When it, the 3 P.M. order, is disposed of, the special order for 2 P.M. is resumed even if it is after 4 o’clock, because the 2 P.M. order was made before the 4 P.M. order. The only exception to this rule is in the case of the hour fixed for recess or adjournment. When that hour arrives the chair announces it and declares the assembly adjourned, or in recess, even though there is a special order pending that was made before the hour for recess or adjournment was fixed. When the chair announces the hour, any one can move to postpone the time for adjournment, or to extend the time for considering the pending question a certain number of minutes. These motions are undebatable, and require a two-thirds vote.

_Special Orders when only the day or meeting is specified._ Often subjects are made special orders for a meeting without specifying an hour. If the order of business provides for orders of the day, they come up under that head, taking precedence of general orders. If there is no provision for orders of the day, they come up under unfinished business—that is, before new business. If there is no order of business, then they may be called up at any time after the minutes are disposed of.

_The Special Order for a Meeting._ Sometimes a subject is made the special order for a meeting, as for Tuesday morning in a convention, in which case it is announced by the chair as the pending business immediately after the disposal of the minutes. This particular form is used when it is desired to devote an entire meeting, or so much of it as is necessary, to considering a special subject, as the revision of the by-laws. This form of a special order should take precedence of the other forms of special orders. It is debatable and amendable.

Art. IV. Incidental Motions.

See =13= for a list and the general characteristics of these motions.

=21. Questions of Order and Appeal.= A _Question of Order_ takes precedence of the pending question out of which it arises; is in order when another has the floor, even interrupting a speech or the reading of a report; does not require a second; cannot be amended or have any other subsidiary motion applied to it; yields to privileged motions and the motion to lay on the table; and must be decided by the presiding officer without debate, unless in doubtful cases he submits the question to the assembly for decision, in which case it is debatable whenever an appeal would be. Before rendering his decision he may request the advice of persons of experience, which advice or opinion should usually be given sitting to avoid the appearance of debate. If the chair is still in doubt, he may submit the question to the assembly for its decision in a manner similar to this: “Mr. A raises the point of order that the amendment just offered [state the amendment] is not germane to the resolution. The chair is in doubt, and submits the question to the assembly. The question is, ‘Is the amendment germane to the resolution?’” As no appeal can be taken from the decision of the assembly, this question is open to debate whenever an appeal would be, if the chair decided the question and an appeal were made from that decision. Therefore, it is debatable except when it relates to indecorum, or transgression of the rules of speaking, or to the priority of business, or when it is made during a division of the assembly, or while an undebatable question is pending. The question is put thus: “As many as are of opinion that the amendment is germane [or that the point is well taken] say _aye_; as many as are of a contrary opinion say _no_. The ayes have it, the amendment is in order, and the question is on its adoption.” If the negative vote is the larger it would be announced thus: “The noes have it, the amendment is out of order, and the question is on the adoption of the resolution.” Whenever the presiding officer decides a question of order, he has the right, without leaving his chair, to state the reasons for his decision, and any two members have the right to appeal from the decision, one making the appeal and the other seconding it.

It is the duty of the presiding officer to enforce the rules and orders of the assembly, without debate or delay. It is also the right of every member who notices the breach of a rule, to insist upon its enforcement. In such a case he rises from his seat and says, “Mr. Chairman, I rise to a point of order.” The speaker immediately takes his seat, and the chairman requests the member to state his point of order, which he does and resumes his seat. The chair decides the point, and then, if no appeal is taken and the member has not been guilty of any serious breach of decorum, the chair permits him to resume his speech. But, if his remarks are decided to be improper and any one objects, he cannot continue without a vote of the assembly to that effect. [See =43= for a full treatment of this subject of indecorum in debate]. The question of order must be raised at the time the breach of order occurs, so that after a motion has been discussed it is too late to raise the question as to whether it was in order, or for the chair to rule the motion out of order. The only exception is where the motion is in violation of the laws, or the constitution, by-laws, or standing rules of the organization, or of fundamental parliamentary principles, so that if adopted it would be null and void. In such cases it is never too late to raise a point of order against the motion. This is called raising a question, or point, of order, because the member in effect puts to the chair, whose duty it is to enforce order, the question as to whether there is not now a breach of order.

Instead of the method just described, it is usual, when it is simply a case of improper language used in debate, for the chair to call the speaker to order, or for a member to say, “I call the gentleman to order.” The chairman decides whether the speaker is in or out of order, and proceeds as before.

_Appeal._ An appeal may be made from any decision of the chair (except when another appeal is pending), but it can be made only at the time the ruling is made. It is in order while another member has the floor. If any debate or business has intervened it is too late to appeal. An answer to a parliamentary inquiry is not a decision, and therefore cannot be appealed from. While an appeal is pending a question of order may be raised, which the chair decides peremptorily, there being no appeal from this decision. But the question as to the correctness of the ruling can be brought up afterwards when no other business is pending. An appeal yields to privileged motions, and to the motion to lay on the table. The effect of subsidiary motions is as follows: An appeal cannot be amended. If the decision from which an appeal is taken is of such a nature that the reversal of the ruling would not in any way affect the consideration of, or action on, the main question, then the main question does not adhere to the appeal, and its consideration is resumed as soon as the appeal is laid on the table, postponed, etc. But if the ruling affects the consideration of, or action on, the main question, then the main question adheres to the appeal, and when the latter is laid on the table, or postponed, the main question goes with it. Thus, if the appeal is from the decision that a proposed amendment is out of order and the appeal is laid on the table, it would be absurd to come to final action on the main question and then afterwards reverse the decision of the chair and take up the amendment when there was no question to amend. The vote on an appeal may be reconsidered.

An appeal cannot be debated when it relates simply to indecorum, or to transgression of the rules of speaking, or to the priority of business, or if made during a division of the assembly, or while the immediately pending question is undebatable. When debatable, as it is in all other cases, no member is allowed to speak more than once except the presiding officer, who may at the close of the debate answer the arguments against the decision. Whether debatable or not, the chairman when stating the question on the appeal may, without leaving the chair, state the reasons for his decision.

When a member wishes to appeal from the decision of the chair he rises as soon as the decision is made, even though another has the floor, and without waiting to be recognized by the chair, says, “Mr. Chairman, I appeal from the decision of the chair.” If this appeal is seconded, the chair should state clearly the question at issue, and his reasons for the decision if he thinks it necessary, and then state the question thus: “The question is, ‘Shall the decision of the chair stand as the judgment of the assembly [or society, or club, etc.]?’” or, “Shall the decision of the chair be sustained?” To put the question he would say, “Those in the affirmative say _aye_,” and after the affirmative vote has been taken he would say, “Those in the negative say _no_. The ayes have it and the decision of the chair is sustained [or stands as the judgment of the assembly].” Or, “The noes have it and the decision of the chair is reversed.” In either case he immediately announces what is before the assembly as the result of the vote. If there is a tie vote the chair is sustained, and if the chair is a member of the assembly he may vote to make it a tie, on the principle that the decision of the chair stands until reversed by a majority, including the chairman if he is a member of the assembly. In stating the question, the word “assembly” should be replaced by “society,” or “club,” or “board,” etc., as the case may be. The announcement of a vote is not a decision of the chair. If a member doubts the correctness of the announcement he cannot appeal, but should call for a “Division” [=25=].

=22. Suspension of the Rules.={12} The motion to suspend the rules may be made at any time when no question is pending; or while a question is pending, provided it is for a purpose connected with that question. It yields to all the privileged motions (except a call for the orders of the day), to the motion to lay on the table, and to incidental motions arising out of itself. It is undebatable and cannot be amended or have any other subsidiary motion applied to it, nor can a vote on it be reconsidered, nor can a motion to suspend the rules for the same purpose be renewed at the same meeting except by unanimous consent, though it may be renewed after an adjournment, even if the next meeting is held the same day.

{12} In Congress the former practice was to suspend the rule as to the order of business in order to consider a particular bill, but now it is customary “to suspend the rule and pass” the resolution or bill. H. R. Rule 27 contains the following:

“1. No rule shall be suspended except by a vote of two-thirds of the members voting, a quorum being present; nor shall the Speaker entertain a motion to suspend the rules except on the first and third Mondays of each month, preference being given on the first Monday to individuals and on the third Monday to committees, and during the last six days of a session.

“2. All motions to suspend the rules shall, before being submitted to the House, be seconded by a majority by tellers, if demanded.

“3. When a motion to suspend the rules has been seconded, it shall be in order, before the final vote is taken thereon, to debate the proposition to be voted upon for forty minutes, one-half of such time to be given to debate in favor of, and one-half to debate in opposition to, such proposition; and the same right of debate shall be allowed whenever the previous question has been ordered on any proposition on which there has been no debate.”

When the assembly wishes to do something that cannot be done without violating its own rules, and yet it is not in conflict with its constitution, or by-laws, or with the fundamental principles of parliamentary law, it “suspends the rules that interfere with” the proposed action. The object of the suspension must be specified, and nothing else can be done under the suspension. The rules that can be suspended are those relating to priority of business, or to business procedure, or to admission to the meetings, etc., and would usually be comprised under the heads of rules of order. Sometimes societies include in their by-laws some rules relating to the transaction of business without any intention, evidently, of giving these rules any greater stability than is possessed by other rules of their class, and they may be suspended the same as if they were called rules of order. A standing rule as defined in 67 may be suspended by a majority vote. But sometimes the term “standing rules” is applied to what are strictly rules of order, and then, like rules of order, they require a two-thirds vote for their suspension. Nothing that requires previous notice and a two-thirds vote for its amendment can be suspended by less than a two-thirds vote.

No rule can be suspended when the negative vote is as large as the minority protected by that rule; nor can a rule protecting absentees be suspended even by general consent or a unanimous vote. For instance, a rule requiring notice of a motion to be given at a previous meeting cannot be suspended by a unanimous vote, as it protects absentees who do not give their consent. A rule requiring officers to be elected by ballot cannot be suspended by a unanimous vote, because the rule protects a minority of one from exposing his vote, and this he must do if he votes openly in the negative, or objects to giving general consent. Nor can this result be accomplished by voting that the ballot of the assembly be cast by the secretary or any one else, as this does away with the essential principle of the ballot, namely, secrecy, and is a suspension of the by-law, and practically allows a viva voce vote. If it is desired to allow the suspension of a by-law that cannot be suspended under these rules, then it is necessary to provide in the by-laws for its suspension.

The _Form_ of this motion is, “to suspend the rules that interfere with,” etc., stating the object of the suspension, as, “the consideration of a resolution on ........,” which resolution is immediately offered after the rules are suspended, the chair recognizing for that purpose the member that moved to suspend the rules. Or, if it is desired to consider a question which has been laid on the table, and cannot be taken up at that time because that class of business is not then in order, or to consider a question that has been postponed to another time, or that is in the order of business for another time, then the motion may be made thus, “I move to suspend the rules and take up [or consider] the resolution....” When the object is not to take up a question for discussion but to adopt it without debate, the motion is made thus: “I move to suspend the rules and adopt [or agree to] the following resolution,” which is then read: or, “I move to suspend the rules, and adopt [or agree to] the resolution on....” The same form may be used in a case like this: “I move to suspend the rules, and admit to the privileges of the floor members of sister societies,” which merely admits them to the hall.

Instead of a formal motion to suspend the rules, it is more usual to ask for general consent to do the particular business that is out of order. As soon as the request is made the chair inquires if there is any objection, and if no one objects, he directs the member to proceed just as if the rules had been suspended by a formal vote. [See General Consent 48.]

=23. Objection to the Consideration of a Question.= An objection may be made to the consideration of any original main motion, and to no others, provided it is made before there is any debate or before any subsidiary motion is stated. Thus, it may be applied to petitions and to communications that are not from a superior body, as well as to resolutions. It cannot be applied to incidental main motions [=11=], such as amendments to by-laws, or to reports of committees on subjects referred to them, etc. It is similar to a question of order in that it can be made when another has the floor, and does not require a second; and as the chairman can call a member to order, so he can put this question, if he deems it advisable, upon his own responsibility. It cannot be debated, or amended, or have any other subsidiary motion applied to it. It yields to privileged motions and to the motion to lay on the table. A negative, but not an affirmative vote on the consideration may be reconsidered.{13}

{13} In Congress the introduction of a question may be prevented temporarily by a majority vote under H. R. Rule 16, §3, which is as follows: “3. When any motion or proposition is made, the question, Will the House now consider it? shall not be put unless demanded by a member.” If the House refuses to consider a bill the vote cannot be reconsidered. But this refusal does not prevent the question’s being again introduced the same session. In assemblies having brief sessions lasting usually only a few hours, or at most not over a week, it is necessary that the assembly have the power by a two-thirds vote to decide that a question shall not be introduced during that session. As the refusal to consider the question prevents its renewal during the session, the vote may be reconsidered.

When an original main motion is made and any member wishes to prevent its consideration, he rises, although another has the floor, and says, “Mr. Chairman, I object to its consideration.” The chairman immediately puts the question, “The consideration of the question has been objected to: Will the assembly consider it? [or, Shall the question be considered?]” If decided in the negative by a two-thirds vote, the whole matter is dismissed for that session; otherwise, the discussion continues as if this objection had never been made. The same question may be introduced at any succeeding session.

The _Object_ of this motion is not to cut off debate (for which other motions are provided) but to enable the assembly to avoid altogether any question which it may deem irrelevant, unprofitable, or contentious. If the chair considers the question entirely outside the objects of the society, he should rule it out of order, from which decision an appeal may be taken.

Objection to the consideration of a question must not be confounded with objecting where unanimous consent, or a majority vote, is required. Thus, in case of the minority of a committee desiring to submit their views, a single member saying, “I object,” prevents it, unless the assembly by a majority vote grants them permission.

=24. Division of a Question, and Consideration by Paragraph.= _Division of a Question._ {14} The motion to divide a question can be applied only to main motions and to amendments. It takes precedence of nothing but the motion to postpone indefinitely, and yields to all privileged, incidental, and subsidiary motions except to amend and to postpone indefinitely. It may be amended but can have no other subsidiary motion applied to it. It is undebatable. It may be made at any time when the question to be divided, or the motion to postpone indefinitely, is immediately pending, even after the previous question has been ordered. But it is preferable to divide the question when it is first introduced. When divided each resolution or proposition is considered and voted on separately, the same as if it had been offered alone. The motion to adopt, which was pending when the question was divided, applies to all the parts into which the question has been divided and should not, therefore, be repeated. The formality of a vote on dividing the question is generally dispensed with, as it is usually arranged by general consent. But if this cannot be done, then a formal motion to divide is necessary, specifying the exact method of division.

{14} Section 6 of H. R. Rule 16 is as follows: “6. On the demand of any member, before the question is put, a question shall be divided if it include propositions so distinct in substance that one being taken away a substantive proposition shall remain.”

When a motion relating to a certain subject contains several parts, each of which is capable of standing as a complete proposition if the others are removed, it can be divided into two or more propositions to be considered and voted on as distinct questions, by the assembly’s adopting a motion to divide the question in a specified manner. The motion must clearly state how the question is to be divided, and any one else may propose a different division, and these different propositions, or amendments, should be treated as filling blanks; that is, they should be voted on in the order in which they are made, unless they suggest different numbers of questions, when the largest number is voted on first. If a resolution includes several distinct propositions, but is so written that they cannot be separated without its being rewritten, the question can not be divided. The division must not require the secretary to do more than to mechanically separate the resolution into the required parts, prefixing to each part the words “_Resolved_, That,” or “_Ordered_, That,” and dropping conjunctions when necessary, and replacing pronouns by the nouns for which they stand, wherever the division makes it necessary. When the question is divided, each separate question must be a proper one for the assembly to act upon, if none of the others is adopted. Thus, a motion to “commit with instructions” is indivisible; because, if divided, and the motion to commit should fail, then the other motion, to instruct the committee, would be absurd, as there would be no committee to instruct. The motion to “strike out certain words and insert others” is strictly one proposition and therefore indivisible.

If a series of independent resolutions relating to different subjects is included in one motion, it must be divided on the request of a single member, which request may be made while another has the floor. But however complicated a single proposition may be, no member has a right to insist upon its division. His remedy is to move that it be divided, if it is capable of division, or, if not, to move to strike out the objectionable parts. A motion to strike out a name in a resolution brings the assembly to a vote on that name just as well as would a division of the question, if it were allowed to go to that extent, which it is not. If a series of resolutions is proposed as a substitute for another series, such a motion is incapable of division; but a motion can be made to strike out any of the resolutions before the vote is taken on the substitution. After they have been substituted it is too late to strike out any of them. When a committee reports a number of amendments to a resolution referred to it, one vote may be taken on adopting, or agreeing to, all the amendments provided no one objects. But if a single member requests separate votes on one or more of the amendments, they must be considered separately. The others may all be voted on together.

_Consideration by Paragraph or Seriatim._ Where an elaborate proposition is submitted, like a series of resolutions on one subject, or a set of by-laws, the parts being intimately connected, it should not be divided. The division would add greatly to the difficulty of perfecting the different paragraphs or by-laws by amendments. If the paragraphs are adopted separately, and amendments to succeeding paragraphs make it necessary to amend a preceding one, it can be done only by first reconsidering the vote on the preceding paragraph. In the case of by-laws the trouble is increased, because each by-law goes into effect as soon as adopted, and its amendment is controlled by any by-law or rule that may have been adopted on the subject. When the paragraphs are voted on separately no vote should be taken on the whole. But in all such cases the proper course is to consider the proposition by paragraph, or section, or resolution, or, as it is often called, _seriatim_. The chair should always adopt this course when the question consists of several paragraphs or resolutions, unless he thinks the assembly wishes to act on them immediately as a whole, when he asks if they shall be taken up by paragraph, and the matter is settled informally. Should the chair neglect to take up the proposition by paragraph, any one may move that the proposition be considered by paragraph, or seriatim.

The method of procedure in acting upon a complicated report, as, a set of by-laws, or a series of resolutions that cannot well be divided, is as follows, the word “paragraph” being used to designate the natural subdivisions, whether they are paragraphs, sections, articles, or resolutions. The member submitting the report, having obtained the floor, says that such and such a committee submits the following report; or, that the committee recommends the adoption of the following resolutions. In either case he reads the report, or resolutions, and moves their adoption. Should he neglect to move their adoption the chair should call for such a motion, or he may assume the motion and state the question accordingly. The chairman, or the secretary, or the member who reported it, as the chair decides is for the best interest of the assembly, then reads the first paragraph, which is explained by the reporting member, after which the chair asks, “Are there any amendments to this paragraph?” The paragraph is then open to debate and amendment. When no further amendments are proposed to this paragraph, the chair says, “There being no further amendments to this paragraph the next will be read.” In a similar manner each paragraph in succession is read, explained if necessary, debated, and amended, the paragraphs being amended but not adopted. After all the paragraphs have been amended, the chair says the entire by-law, or paper, or resolution is open to amendment, when additional paragraphs may be inserted and any paragraph may be further amended. When the paper is satisfactorily amended, the preamble, if any, is treated the same way, and then a single vote is taken on the adoption of the entire paper, report, or series of resolutions. If the previous question is ordered on a resolution, or series of resolutions, or on a set of by-laws, before the preamble has been considered it does not apply to the preamble, unless expressly so stated, because the preamble cannot be considered until after debate has ceased on the resolutions or by-laws. It is not necessary to amend the numbers of the sections, paragraphs, etc., as it is the duty of the secretary to make all such corrections where changes are rendered necessary by amendments.

=25. Division of the Assembly, and other Motions relating to Voting.= _A Division of the Assembly_ {15} may be called for, without obtaining the floor, at any time after the question has been put, even after the vote has been announced and another has the floor, provided the vote was taken viva voce, or by show of hands, and it is called for before another motion has been made. This call, or motion, is made by saying, “I call for a division,” or “I doubt the vote,” or simply by calling out, “Division.” It does not require a second, and cannot be debated, or amended, or have any other subsidiary motion applied to it. As soon as a division is called for, the chair proceeds again to take the vote, this time by having the affirmative rise, and then when they are seated having the negative rise. While any member has the right to insist upon a rising vote, or a division, where there is any question as to the vote being a true expression of the will of the assembly, the chair should not permit this privilege to be abused to the annoyance of the assembly, by members constantly demanding a division where there is a full vote and no question as to which side is in the majority. It requires a majority vote to order the vote to be counted, or to be taken by yeas and nays (roll call) or by ballot. These motions are incidental to the question that is pending or has just been pending, and cannot be debated. When different methods are suggested they are usually treated not as amendments, but like filling blanks, the vote being taken first on the one taking the most time. In practice the method of taking a vote is generally agreed upon without the formality of a vote.

{15} See foot note, page 40, for the rule of Congress.

When the vote is taken by ballot during a meeting of the assembly, as soon as the chair thinks all have voted who wish to, he inquires if all have voted, and if there is no response he declares the polls closed, and the tellers proceed to count the vote. If a formal motion is made to close the polls it should not be recognized until all have presumably voted, and then it requires a two-thirds vote like motions to close debate or nominations. If members enter afterwards and it is desired to reopen the polls it can be done by a majority vote. None of these motions are debatable.

=26. Motions relating to Nominations.= If no method of making nominations is designated by the by-laws or rules, and the assembly has adopted no order on the subject, any one can make a motion prescribing the method of nomination for an office to be filled. If the election is pending, this motion is incidental to it; if the election is not pending, it is an incidental main motion. It is undebatable and when it is an incidental motion it can have no subsidiary motion applied to it except to amend. It yields to privileged motions. The motion may provide for nominations being made by the chair; or from the floor, or open nominations as it is also called; or for a nominating committee to be appointed; or for nominations to be made by ballot; or by mail. [See Nominations and Elections, =66=.]