Parliamentary Practice: An Introduction to Parliamentary Law

Front matter

Author of "Parliamentary Law," "Robert's Rules of Order Revised" and "Robert's Parliamentary Law Charts"

COPYRIGHT, 1921, BY THE CENTURY CO. ALL RIGHTS RESERVED, INCLUDING THE RIGHT TO REPRODUCE THIS BOOK, OR PORTIONS THEREOF, IN ANY FORM. 341

[The abbreviation "R. O. R." is used in this book for "Robert's Rules of Order Revised."]

Preface

Robert's Rules of Order was published forty-five years ago with a view to furnishing a set of rules of order that any assembly might adopt, and thus avoid waste of time in constant discussion of what is parliamentary law in particular cases. When its circulation had reached a half million copies, six years ago, a revised and greatly enlarged edition was published under the title of Rules of Order Revised. The object of this book being to furnish a set of rules of order to be adopted by societies, it is necessary that the rules should be exhaustive and very brief. This prevents explanations and illustrations that are necessary for one unfamiliar with the subject. If the book were adapted to the needs of the novice it would not be suitable for adoption as the rules of order of a society.

Therefore, while revising the Rules of Order, the author decided to write a work on parliamentary law solely for the reader, using all the space necessary to make each subject simple and clear. This made the book, entitled "Parliamentary Law," a large work, and no way was seen to reduce its size without sacrificing either clearness or important subjects. It is almost complete and will be published in the near future. Since the resulting cost will prevent this work from reaching the masses, the author decided to write a book for beginners, whether they are simply readers or students in classes.

The result is this volume, "Parliamentary Practice: An Introduction to Parliamentary Law," which is designed as an introduction to the two other books. Its characteristic feature is the illustration of nearly every point in common parliamentary practice by giving the exact words of both the chairman and the member through the procedure. Neither this book nor Parliamentary Law should be adopted by organizations as their parliamentary authority or their rules of order. Rules of Order is designed for that particular purpose, and it is the author's opinion that every owner of Rules of Order Revised will find its value greatly enhanced if this introductory book is first mastered

May 2, 1921.

Introduction

A large proportion of the adult population of the United States and Canada are members of societies in which at times it is necessary or desirable to ascertain the views of the members of the society upon a certain matter, or to have the society take action in the case. These societies vary from the simple ones of a Shakspeare or Browning club of a dozen members, to a State or National Convention of a thousand or more delegates.

If there were no rules or established customs to guide an assembly of persons, and if each could talk on any subject as long and as many times as he pleased, and if all could talk at the same time, it would be impracticable in most cases to ascertain their deliberate judgment on any particular matter. Experience has shown the necessity for rules, for a presiding officer to enforce them and to preserve order, and for a recording secretary to keep a record of the business transacted by the assembly.

The object of rules is to assist an assembly in its effort to ascertain and express the deliberate opinion of the members regarding the questions upon which they are called to take action. If there are no rules, or established customs that have the force of rules, there is no restraint upon the majority, and no way by which the rights of the minority can be protected.

The customs and rules usually governing deliberative assemblies in cases not covered by their own specific rules, are commonly known as Parliamentary Law. These customs and rules came originally from England but have been greatly modified by the practice of Congress and of State Legislatures, and especially by the practice of innumerable clubs and societies scattered over the United States. As the same persons frequently belong to several societies, and as the numerous national conventions are composed of delegates from every state in the Union, it is very desirable that there should be uniformity in practice throughout the country. Of late years there has been a remarkable agreement in the rules and customs adopted by societies throughout our entire country.

It is very important that every society should adopt some authority on parliamentary law and, having done so, that the members should conform to the rulings of their authority without concerning themselves with the rulings of other authorities. The time to examine the different rules of order is when the question is being considered as to which authority to adopt. Having adopted one the society should stand by it, and should adopt such additional rules as are re for its special use. The objection to adopting any specialized work as its authority is that a member of the society is at a disadvantage when in a meeting of any other organization to which he may belong.

Ignorance of the rules and customs of deliberative assemblies is a heavy handicap to any one who expects to influence the policy of a society. Frequently the most judicious members fail to carry out their plans when they could easily have done so had they been moderately familiar with parliamentary law. Without some knowledge of this subject one is powerless in an assembly where his opponents are skilled parliamentarians, and therefore, in a land where perhaps most of the persons who have reached the age of sixteen years are members of one or more societies, some knowledge of parliamentary law may be justly regarded as a necessary part of the education of every man and woman, every boy and girl.

While it is important to every person in a free country to know something of parliamentary law, this knowledge should be used only to help, not to hinder, business. One who is constantly raising points of order and insisting upon the strict observance of every rule in a peaceable assembly in which most of the members are ignorant of these rules and customs, makes himself a nuisance, hinders business, and prejudices people against parliamentary law. Such a person is either ignorant of its real purpose or else wilfully misuses his knowledge.

Among the established rules and customs which constitute parliamentary law are the following elementary ones that every one should know:

(1) Only one question can be considered at a time. It must be put in the form of a proposition or motion, to be proposed or moved by one member and seconded by another, and must then be stated by the presiding officer, after which it is open to debate and amendment.

(2) No one can make a motion or speak in debate until he has risen and addressed the presiding officer by his proper title and has been "recognized" by him, and thus has "obtained the floor."

(3) No one can speak unreasonably long (over ten minutes in ordinary societies), or more than twice on the same question on the same day, without permission of the assembly.

(4) No member can speak a second time on the same question provided any one desires to speak who has not spoken on that question.

(5) No one in speaking can address his remarks to another member or use another member's name when it can be avoided, but his remarks must be addressed to the presiding officer.

(6) When a question is once before the assembly it must be adopted or rejected by a vote, or be disposed of in some other way, before any other subject can be introduced except certain ones entitled to this privilege and which are therefore called privileged questions.

Every member of a society should be familiar with these simple rules and customs of deliberative assemblies. Any one wishing to exert a real influence in an assembly, however, must possess a knowledge far beyond this. He must know the various motions, their purpose, when they can be made, which are debatable, and which can be amended. He must have sufficient knowledge of committees to enable him, without embarrassment, to serve as chairman of one. He must thoroughly understand the subject of amendments, which is the most important, and, perhaps, the most difficult part of parliamentary law.

Chapter 1—Organization; Motions.

Experience has shown that there must be rules to govern an assembly, and that some one must be selected to act as presiding officer to enforce these rules, in order that after suitable deliberation the will of the majority may prevail. It has also been found necessary that some one should be selected to keep a record of what has actually been done by the assembly. The first person is usually called the chairman or president, and the second, the secretary.

Organization.

When a number of people wish to take action on a certain matter, one of the number should take a prominent position and attract attention, if necessary, by striking the table and should say, "The meeting will come to order." It is then the duty of all present to be seated and to be attentive. The member who called the meeting to order says, "I nominate Mr. Jones for chairman." Some one in the audience, without rising, says, "I second the nomination." The one who called the meeting to order then says, "Mr. Jones is nominated for chairman. As many as are in favor of Mr. Jones for chairman of this meeting say Aye" [pronounced the same as eye]. After the ayes have responded he continues, "Those opposed say No." If the ayes are in the majority, that is, if there are more ayes than noes, he continues thus to announce or declare the vote, "The ayes have it, Mr. Jones is elected chairman, and he will please take the chair." [For duties of the Chairman see Chapter XVI.]

Mr. Jones proceeds to the platform and says, "The election of secretary is the next business in order. Will some one please nominate a secretary." The secretary is nominated by some one in the hall, and is elected in the same manner as the chairman. In this chapter it is assumed that there is only one nomination for secretary. When there are more than one see First Drill, page 17. The secretary takes his place at the table near the president and keeps a record of action taken as described, pp. 115, 128. [For duties of Secretary see Chapter XVI.]

Instead of the method described above the member who calls the meeting to order may say, "I move that Mr. Jones act as chairman," and the seconder says, "I second the motion." The first member then says, "As many as are in favor," etc., as already described.

Introduction of Business. The meeting being organized, the chairman says, "The meeting is now open for business." A member who wishes the assembly to take certain action rises and addresses "the Chair," as the presiding officer is commonly referred to whatever is his title. The regular presiding officer should always be addressed by his official title preceded by Mr. or Madam, thus: Mr. President, Mr. Moderator, Mr. Grand Commander, Madam Chairman, Madam President, etc. A temporary presiding officer, or one with no special title, is addressed as Mr., or Madam, Chairman. A vice president in the chair is addressed as Mr., or Madam, President. The chairman "recognizes" a member by announcing his name, or in small assemblies where the members are all acquainted, by bowing to him. If two or more rise at about the same time, the chair generally recognizes and thus assigns the floor to the one who rose first and addressed the chair. The member having "obtained the floor" presents the subject to the assembly in the form of what is called a "motion." A motion is a proposal that the assembly take certain action, or that it express itself as holding certain views. It is made by a member's obtaining the floor and saying, except in the case of a resolution, "I move to," etc. or "I move that," etc., as for example, "I move to postpone the question to," etc., or "I move that the question be postponed to," etc. In the case of resolutions the following forms are used: "I move to adopt the following resolution, 'Resolved, That,' " etc.; or "I move the adoption of the following resolution, 'Resolved, That,' " etc.; or "I offer the following resolution, 'Resolved, That,' " etc.

For convenience, motions are divided into main, subsidiary, privileged, and incidental. All except main motions and one other (to take from the table) are sometimes referred to as Secondary motions, since they may be made while other motions are pending, a fact not true of main motions and the motion to take from the table. Main motions are those which introduce a subject matter to the assembly. They are debatable and amendable.

Subsidiary motions are those which are made while another motion is pending, for the purpose of properly disposing of the other motion. The subsidiary motion supersedes the other motion for the time being, and must be acted upon before action can be taken on the other motion. Privileged motions have nothing to do with the pending question, but are of such importance that they are allowed to interrupt the consideration of other questions. They are undebatable because of this high rank. Privileged and subsidiary motions have a definite order of precedence among themselves as shown on Chart I, page 166. Incidental motions are those which arise out of a pending question and must be decided before that question; or out of a question that has just been pending and must be decided before any other business is taken up; or that relate to the business of the assembly. They have no definite rank because they are in order whenever they are incidental to the business of the assembly regardless of the rank of the pending motions. They are undebatable except an appeal under certain circumstances hereafter described, page 93. A list of the common incidental motions is given in Chart II, page 167.

Practice Work.

(1) State all the steps necessary for calling a meeting to order, nominating a chairman, and electing a chairman.

(2) Take the part of the chairman, call for nominations for secretary, and conduct the election.

(3) Give two forms that may be used in nominating a chairman.

(4) What is meant by the chair's recognizing a member, and a member's obtaining the floor? What is a motion?

(5) Give two correct forms for any motion that is not a resolution, and three for a resolution.

(6) What is the distinction between a main motion and a secondary one? Can a main motion be debated? Can it be amended?

(7) Which subsidiary motions are debatable? Which may be amended?

(8) Why are privileged motions undebatable? Why do they have so high a rank?

(9) How are privileged motions unlike most subsidiary ones? Why do incidental motions have no definite rank?

(10) Give the substance of the six elementary principles laid down in the Introduction page xiv.

Chapter 2—Main Motions; Debate; Postpone Indefinitely

Main Motions. As has been stated, a main motion introduces a subject to an assembly. It should usually be in writing, and this may at any time be required by the chairman. It can be made only when no motion is pending. It may be made in either of the following forms by any member who has obtained the floor: (1) "I move the adoption of [or "I offer] the following resolution: 'Resolved, That the thanks of this convention be extended to the College Glee Club for its inspiring music,' " or (2) "I move that the thanks of this convention," etc. The first form, that of the resolution, is preferable except in very short unimportant main motions. When the main motion has been made, the maker of it hands the written resolution or motion to the chairman and resumes his seat. Any member in the assembly without rising says, "I second the motion," or "I second it." If no member seconds it immediately, the chairman, except in small assemblies, repeats the motion and asks, "Is the motion seconded?" In small assemblies where every member has evidently heard the motion, instead of repeating it he may say, "You have heard the motion; is it seconded?" If the motion is not then seconded, the chairman says, "There being no second, the motion is not before the assembly."

Stating the Question. When the motion is seconded, if in the form of a resolution, the chair states the question to the assembly thus: "It is moved and seconded to adopt the following resolution: 'Resolved, That,' " etc. [reading the resolution]. If it is in the form of a simple motion the chair states the question thus: "It is moved and seconded 'that the thanks,' " etc. [repeating the motion]. In either case, the question being stated, it is pending, that is, the question is before the assembly for discussion and action. Until the question is stated no member can claim the floor for debate, nor can any main, subsidiary, or privileged motion be made. Some urgent incidental motions, however, may be made. After stating the question, unless some one immediately claims the floor, the chair asks, "Are you ready for the question ?" This means, "Is the assembly ready to have the question on the adoption of the resolution put immediately?" The question is now open to debate, and any subsidiary motion is in order. If there is debate, the chair must wait until it has ceased before putting the question.

Putting the Question or Taking the Vote. The de having ended, the chairman inquires, "Are you ready for the question?" If there is no response, he rises and puts the question to the assembly thus: "The question is on the adoption of the following resolution: 'Resolved, That,' etc. [reading the resolution]. As many as are in favor of the resolution say Aye. Those opposed say No." The ayes being in the majority the chair continues, "The ayes have it and the resolution is adopted [or carried]." This is called Announcing the Vote. The chair should always stand while putting the question, but it is not necessary for him to stand while stating it.

If the negative is in the majority, the chair announces the vote thus: "The noes have it and the resolution [or motion] is lost." If the vote is a tie, that is, an equal number on each side, it is announced thus, "There are ——— in the affirmative and ——— in the negative. There being a tie, the motion is lost." The chairman, if a member of the assembly, may vote whenever his vote will affect the result, or when the vote is by ballot or by roll call. A majority vote, that is, a majority of the votes cast, is all that is necessary for the adoption of any proper motion except those in the list of motions that require a two-thirds vote, page 174.

If the main motion is not in the form of a resolution, the above-mentioned forms should be modified thus: "It has been moved and seconded 'that a concert be given,' etc. As many as are in favor of the motion," etc., substituting the word "motion" for "resolution" throughout.

Preamble. When it is desired to give a reason for adopting a resolution, the reason is given in a preamble, each clause of which begins with the word "Whereas," as shown in the first drill, page 20. [See R. O. R., pp. 33–36, for fuller information on resolutions.]

Main Motions in the form of Subsidiary Motions. It is impossible to have a subsidiary motion unless there is another motion pending to which it is subsidiary. Therefore if a motion is made in the form of a subsidiary at a time when no question is pending, it is a main motion. For example, the following are main motions: to amend an existing by-law or standing rule; to appoint a committee to perform a duty not connected with any question pending before the assembly; to postpone an event, such as a lecture, the date of which has been previously fixed; to limit debate at a time when no question is pending. This last motion is open to debate the same as any other main motion, though if made while another question is pending it is an undebatable subsidiary motion.

Improper Main Motions. A motion must not be frivolous or use language that would not be allowed in debate. Nor should it be in a negative form where this may be avoided. The objection to the negative form is the danger of confusion in the minds of some as to the effect of the double negative if the motion is voted down (rejected). Thus, a motion "that we do not instruct our delegates" etc., is frivolous; a motion "that we instruct our delegates not to vote for the proposed amendment to the by-laws," is allowable though it would be better to instruct them "to vote against the" etc. So a motion "that we disapprove" etc. is better form than "that we do not approve." A main motion is not in order which is prac the same as one that the assembly has already had before it during the same session, or is in the possession, or under the control of the assembly so that the main motion can be brought before it again for action when the assembly so desires. Confusion would result from allowing any member to introduce to the assembly a question practically the same as one that is then in the hands of a committee, or on the table, or that has been postponed to another time, or that may be reached by calling up the motion to reconsider. In all these cases the question is in the possession of the assembly, or under its control, and may be brought before it by discharging the committee, or taking the question from the table, or taking up the postponed question before its proper time, or calling up the reconsideration, as shown hereafter. The principle involved prohibits the introduction of any main motion, or amendment to it, which would interfere with the freedom of the assembly in acting upon any question in its possession or under its control. Thus, if a motion to have a banquet on a certain evening has been laid on the table it would be out of order to move that a concert be given on that evening, because if the latter motion were adopted it would interfere with and probably prevent the adoption of the prior motion when it is taken from the table. When the first motion is taken from the table, the second can be moved as a substitute for it.

Debate. In order to debate a pending question a member must obtain the floor as already described and address his remarks to the chairman. A motion is pending after it has been stated by the chair until it has been disposed of either permanently or temporarily. There may be a number of motions pending at the same time. The pending motion that was last stated by the chair is called the immediately pending motion. Debate must be confined to the immediately pending question, and must deal with other questions only so far as they are necessarily involved with the immediately pending one. The speaker must avoid all personalities, must not attribute improper motives to a member, and must not even mention a member's name if he can be properly described in some other way, as "the member who last spoke." Officers should be referred to by their official titles and not by their names. No one can speak in debate, except by permission of the assembly, more than twice on the same question on the same day, nor longer than ten minutes at one time. On an appeal from the decision of the chair, no one but the chairman can speak more than once. No member can speak a second time on a question if any member who has not spoken upon that question desires to speak. The member making a debatable motion has the right to the floor for debate, if he claims it with reasonable promptness, in preference to other members even if they rose and addressed the chair first. A member who has exhausted his right to debate the main question has a right to debate any debatable subsidiary question that afterwards may be immediately pending. If several members claim the floor at the same time, and the chair knows on which side they will speak, he should assign the floor to one opposed to the last speaker.

Indefinite Postponement. Instead of voting down the motion, it may be killed just as effectually by adopting the motion to postpone it indefinitely. An affirmative vote on it is identical in effect with a negative vote on the main question. This motion cannot be made if any other than the main motion is pending. Postpone indefinitely is debatable, and while it is pending the merits of the main question may be debated the same as if this motion had not been made. It cannot be amended. If this motion is adopted, it kills the main question for the session just as if the main motion had been voted down. If it is lost, the consideration of the main question is resumed and the opposition has another opportunity to defeat it. This motion is used by the enemies of a main motion when they are in doubt as to whether they are strong enough to defeat the main motion. Sometimes it is used with the idea that postponing a question indefinitely is not so harsh as voting it down.

Practice Work.

(1) Present a main motion in the form of a resolution, and one not in that form.

(2) Must the seconder obtain the floor in order to second the motion? Give two forms of seconding a motion. If no second is obtained in answer to the chairman's asking for one, what becomes of the motion?

(3) Give two forms for stating the question. What is the real meaning of "Are you ready for the question?" Give the form for putting the question when it is a resolution; when it is not a resolution. Give the form for announcing the result when the affirmative wins; when the affirmative loses.

(4) What is a tie? Announce the result when there is a tie. When may the chairman vote?

(5) What is meant by a pending motion? What is meant by an immediately pending motion?

(6) What must a member do before he can begin debate? State five rules that the debater must observe during the debate.

(7) What is the purpose of the motion to postpone indefinitely? Show how you can tell from Chart I whether postpone indefinitely is amendable and also debatable. Explain in your own words how an affirmative vote on the motion to postpone indefinitely is the same as a negative vote on the main motion.

Chapter 3—First Drill, Illustrating Chapters I and II.

Organization, Main Motions, and Postpone Indefinitely.

[In this drill the assembly is supposed to be a class in parliamentary law. The members are to be assigned special parts in the drill as described in "How to Study Parliamentary Law," page 182. Directions enclosed in brackets are sufficiently full to guide each member. When no directions are given for the chairman to stand or to be seated, it is optional with him which he does. In large assemblies it is better for him to stand whenever he speaks, but this is not advisable in small assemblies, except in putting the question and in speaking to a point of order. It is assumed that any member who has obtained the floor takes his seat when he has finished speaking.]

Mr. A [rising, advancing to the table and rapping, or gently striking the table once with the gavel, says]: The meeting will please come to order. I move "that Mr. X act as chairman of this meeting."

Any Member [without rising]. I second the motion.

Mr. A [still standing]. It has been moved and seconded, "that Mr. X act as chairman of this meeting." As many as are in favor of the motion say Aye. [After the ayes have responded:] Those opposed say No. [There being more ayes than noes he continues:] The ayes have it and Mr. X is elected chairman. He will please take the chair. [Mr. A resumes his seat.]

Chairman [standing by the presiding officer's table, says]: The next business in order is the election of a secretary.

Mr. B [rising]. Mr. Chairman.

Chairman [standing or sitting, recognizes Mr. B as having the floor by bowing to him or by announcing his name]: Mr. B.

Mr. B [having thus "obtained the floor," still standing, says]: I nominate Mr. T. [Resumes his seat.]

Chairman. Mr. T is nominated.

Mr. C [rising]. I nominate Mr. V.

Chairman. Mr. V is nominated.

Mr. D [sitting]. I nominate Mr. W.

Chairman. Mr. W is nominated. Are there any more nominations? [There being none he stands and continues:] Mr. T, Mr. V, and Mr. W are nominated. As many as are in favor of Mr. T for secretary say Aye. [After the ayes have responded:] As many as are opposed say No. The noes have it and Mr. T is not elected. As many as are in favor of Mr. V for secretary say Aye. [Pause for response.] As many as are opposed say No. [Pause for response. The ayes being more numerous than the noes he continues:] The ayes have it and Mr. V is elected secretary and will please take his place at the secretary's desk. The meeting is now open for business. [Takes his seat.]