Robert's Rules of Order Part 5

now or at some other specified time.

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Usually the formality of a vote on the reception of a report of a committee is dispensed with, the time being settled by general consent.

Should any one object, a formal motion becomes necessary. When the time arrives for the a.s.sembly to receive the report, the chairman of the committee reads it in his place, and then delivers it to the clerk, when it lies on the table till the a.s.sembly sees fit to consider it. If the report consists of a paper with amendments, the chairman of the committee reads the amendments with the coherence in the paper, explaining the alterations and reasons of the committee for the amendments, till he has gone through the whole. If the report is very long, it is not usually read until the a.s.sembly is ready to consider it [see ---- 31 and 44].

When the report has been received, whether it has been read or not, the committee is thereby dissolved, and can act no more without it is revived by a vote to recommit. If the report is recommitted, all the parts of the report that have not been agreed to by the a.s.sembly, are ignored by the committee as if the report had never been made.

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31. Adoption of Reports. When the a.s.sembly is to consider a report, a motion should be made to "adopt," "accept," or "agree to" the report, all of which, when carried, have the same effect, namely, to make the doings of the committee become the acts of the a.s.sembly, the same as if done by the a.s.sembly without the intervention of a committee. If the report contains merely a statement of opinion or facts, the motion should be to "accept" the report; if it also concludes with resolutions or certain propositions, the motion should be to "agree to" the resolutions, or to "adopt" the propositions. After the above motion is made, the matter stands before the a.s.sembly exactly the same as if there had been no committee, and the subject had been introduced by the motion of the member who made the report. [See -- 34 for his privileges in debate, and -- 44 for the method of treating a report containing several propositions, when being considered by the a.s.sembly.]

32. Committee of the Whole. When an a.s.sembly 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

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and put into proper form for its definite action, or, when for any other reason, it is desirable for the a.s.sembly 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."* [In large a.s.semblies, such as the U. S. House of Representatives, where a member can speak to any question but once, the committee of the whole seems almost a necessity, as it allows the freest discussion of a subject, while at any time it can rise and thus bring into force the strict rules of the a.s.sembly.]

If it is desired to consider the question at once, the motion is made, "That the a.s.sembly do now resolve itself into a committee of the whole to take under consideration," etc., specifying the subject. This is really a motion to "commit" [see -- 22 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 a.s.sembly, 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" [-- 38]. The only way to close or limit debate in committee of the whole, is for the a.s.sembly 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

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and one against it, of say, five minutes each; or in some other way regulate the time for debate.* [In Congress no motion to limit debate in committee of the whole is in order till after the subject has been already considered in committee of the whole. As no subject would probably be considered more than once in committee of the whole, in an ordinary society, the enforcement of this rule would practically prevent such a society from putting any limit to debate in the committee. The rule as given above, allows the society, whenever resolving itself into committee of the whole, to impose upon the debate in the committee, such restrictions as are allowed in Congress after the subject has already been considered in committee of the whole.]

If no limit is prescribed, any member may speak as often as he can get the floor, and as long each time as allowed in debate in the a.s.sembly, provided no one wishes the floor who has not spoken on that particular question. Debate having been closed at a particular time by order of the a.s.sembly, it is not competent for the committee, even by unanimous consent, to extend the time. The committee cannot refer the subject to another committee. Like other committees [-- 28], 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 it is through with the consideration of the subject referred to it, or if it wishes to adjourn, or to have the a.s.sembly limit debate, a motion is made that "the committee rise and report," etc., specifying the result of its proceedings.

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This motion "to rise" is equivalent to the motion to adjourn, in the a.s.sembly, and is always in order (except when another member has the floor), and is undebatable. 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 a.s.sembly, arises and informs him, that "the committee have gone through the business referred to them, and that he is ready to make the report, when the a.s.sembly is ready to receive it;" or he will make such other report as will suit the case.

The clerk does not record the proceedings of the committee on the minutes, but should keep a memorandum of the proceedings for the use of the committee. In large a.s.semblies the clerk vacates his chair, which is occupied by the chairman of the committee, and the a.s.sistant clerk acts as clerk of the committee. Should the committee get disorderly, and the chairman be unable to preserve order, the presiding officer can take the chair, and declare the committee dissolved. The quorum of the committee of the whole is the same as that of the a.s.sembly [-- 43]. If the committee finds itself without a quorum, it can only rise and report the fact to the a.s.sembly, which in such a case would have to adjourn.

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33. Informal Consideration of a Question (or acting as if in committee of the whole).

It has become customary in many a.s.semblies, instead of going into committee of the whole, to consider the question "informally," and afterwards to act "formally." In a small a.s.sembly there is no objection to this.* [In the U. S. Senate all bills, joint resolutions and treaties, upon their second reading are considered "as if the Senate were in committee of the whole," which is equivalent to considering them informally. [U. S. Senate Rules 28 and 38.] In large a.s.semblies it is better to follow the practice of the House of Representatives, and go into committee of the whole.] While acting informally upon any resolutions, the a.s.sembly can only amend and adopt them, and without further motion the Chairman announces that "the a.s.sembly acting informally [or as in committee of the whole] has had such a subject under consideration, and has made certain amendments, which he will report." The subject comes before the a.s.sembly then as if reported by a committee. While acting informally, the Chairman retains his seat, as it is not necessary to move that the committee rise, but at any time the adoption of such motions as to adjourn, the previous question, to commit, or any motion except to amend or adopt, puts an end to the informal consideration; as for example, the motion to commit is equivalent to the following motions when in committee of the whole: (1) That the committee rise; (2) that the committee of

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the whole be discharged from the further consideration of the subject, and (3) that it be referred to a committee.

While acting informally, every member can speak as many times as he pleases, and as long each time as permitted in the a.s.sembly [-- 34], and the informal action may be rejected or altered by the a.s.sembly. While the clerk should keep a memorandum of the informal proceedings, it should not be entered on the minutes, being only for temporary use. The Chairman's report to the a.s.sembly of the informal action, should be entered on the minutes, as it belongs to the a.s.sembly's proceedings.

Art. V. Debate and Decorum.

[---- 34-37.]

34. Debate.* [In connection with this section read ---- 1-5.] When a motion is made and seconded, it shall be stated by the Chairman before being debated [see -- 3]. When any member is about to speak in debate, he shall rise and respectfully address himself to "Mr. Chairman."

["Mr. President" is used where that is the designated t.i.tle of the presiding

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officer; "Brother Moderator" is more common in religious meetings.] The Chairman shall then announce his name [see -- 2]. By parliamentary courtesy, the member upon whose motion a subject is brought before the a.s.sembly is first ent.i.tled to the floor, even though another member has risen first and addressed the Chair; [in case of a report of a committee, it is the member who presents the report] ; and this member is also ent.i.tled to close the debate, but not until every member choosing to speak, has spoken. This right to make the last speech upon the question, is not taken away by the Previous Question [-- 20] being ordered, or in any other way. With this exception, no member shall speak more than twice to the same question (only once to a question of order, -- 14), nor longer than ten minutes at one time, without leave of the a.s.sembly, and the question upon granting the leave shall be decided by a majority vote without debate.* [The limit in time should vary to suit circ.u.mstances, but the limit of two speeches of ten minutes each will usually answer in ordinary a.s.semblies, and it can be increased, when desirable, by a majority vote as shown above, or diminished as shown in -- 37. In the U. S. House of Representatives no member can speak more than once to the same question, nor longer than one hour.

The fourth rule of the Senate is as follows: "No Senator shall speak more than twice in any one debate on the same day, without leave of the Senate, which question shall be decided without debate." If no rule is adopted, each member can speak but once to the same question.]

If greater freedom is desired, the

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proper course is to refer the subject to the committee of the whole [-- 32], or to consider it informally [-- 33]. [For limiting or closing the debate, see -- 37.] No member can speak the second time to a question, until every member choosing to speak has spoken. But an amendment, or any other motion being offered, makes the real question before the a.s.sembly a different one, and, in regard to the right to debate, is treated as a new question. Merely asking a question, or making a suggestion, is not considered as speaking.

35. Undebatable Questions. The following questions shall be decided without debate, all others being debatable [see note at end of this section]:

To Fix the Time to which the a.s.sembly shall Adjourn (when a privileged question, -- 10).

To Adjourn [-- 11], (or in committee, to rise, which is used instead of to adjourn).

For the Orders of the Day [-- 13], and questions relating to the priority of business.

An Appeal [-- 14] when made while the Previous Question is pending, or when simply relating to indecorum or transgressions of the rules of speaking, or to the priority of business.

Objection to the Consideration of a Question [-- 15].

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Questions relating to Reading of Papers [-- 16], or Withdrawing a Motion [-- 17], or Suspending the Rules [-- 18], or extending the limits of debate [-- 34], or limiting or closing debate, or granting leave to continue his speech to one who has been guilty of indecorum in debate [-- 36].

To Lie on the Table or to Take from the Table [-- 19].

The Previous Question [-- 20].

To Reconsider [-- 26] a question which is itself undebatable.

The motion to Postpone to a certain time [-- 21] allows of but very limited debate, which must be confined to the propriety of the postponement; but to Reconsider a debatable question [-- 26], or to Commit [-- 22], or Indefinitely Postpone [-- 24], opens the main question [-- 6] to debate. To Amend [-- 23] opens the main question to debate only so far as it is necessarily involved in the amendment.

The distinction between debate and making suggestions or asking a question, should always be kept in view, and when the latter will a.s.sist the a.s.sembly in determining the question, is allowed to a limited extent, even though the question before the a.s.sembly is undebatable.

Note On Undebatable Questions.--The English common parliamentary law makes all motions

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debatable, without there is a rule adopted limiting debate [Cushing's Manual, -- 330]; but every a.s.sembly is obliged to restrict debate upon certain motions. The restrictions to debate prescribed in this section conform to the practice of Congress, where, however, it is very common to allow of brief remarks upon the most undebatable questions, sometimes five or six members speaking; this of course is allowed only when no one objects.

By examining the above list, it will be found, that, while free debate is allowed upon every princ.i.p.al question [-- 6], it is permitted or prohibited upon other questions in accordance with the following principles:

(a) Highly privileged questions, as a rule, should not be debated, as in that case they could be used to prevent the a.s.sembly from coming to a vote on the main question; (for instance, if the motion to adjourn were debatable, it could be used [see -- 11] in a way to greatly hinder business). High privilege is, as a rule, incompatible with the right of debate on the privileged question.

(b) A motion that has the effect to suppress a question before the a.s.sembly, so that it cannot again be taken up that session [-- 42], allows of free debate. And a subsidiary motion [-- 7, except commit, which see below,] is debatable to just the extent that it interferes with the right of the a.s.sembly to take up the original question at its pleasure.

Ill.u.s.trations: To "Indefinitely Postpone" [-- 24] a question, places it out of the power of the a.s.sembly to again take it up during that session, and consequently this motion allows of free debate, even involving the whole merits of the original question.