Robert's Rules of Order by Henry M. Robert (world best books to read txt) 📖

Day ........... '' � 21. Commit .............................. '' � 22. Amend ............................... '' � 23. Postpone Indefinitely ............... '' � 24.

Any of these motions (except Amend) can be made when one of a lower order is pending, but none can supersede one of a higher order. They cannot be applied* [See Plan of Work and Definitions, in Introduction, for explanation of some of these technical terms.] to one another except in the following cases: (a) the Previous Question applies to the motion to Postpone, without affecting the principal motion, and can, if specified, be applied to a pending amendment [� 20]; (b) the motions to Postpone to a certain day, and to Commit, can be amended; and (c) a motion to Amend the minutes can be laid on the table without carrying the minutes with it [� 19].

Incidental Questions are such as arise out of other questions, and, consequently, take precedence of, and are to be decided before, the questions which give rise to them. They yield to Privileged Questions [� 9], and cannot be amended. Excepting an Appeal,

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they are undebatable; an Appeal is debatable or not, according to circumstances, as shown in � 14. They are as follows:

Appeal (or Questions of Order) ........................... See � 14. Objection to the Consideration of a Question ............. '' � 15. The Reading of Papers .................................... '' � 16. Leave to Withdraw a Motion ............................... '' � 17. Suspension of the Rules .................................. '' � 18.

Privileged Questions are such as, on account of their importance, take precedence over all other questions whatever, and on account of this very privilege they are undebatable [� 35], excepting when relating to the rights of the assembly or its members, as otherwise they could be made use of so as to seriously interrupt business. They are as follows (being arranged in their order of precedence among themselves):

To Fix the Time to which the Assembly shall Adjourn ...... See � 10. Adjourn .................................................. '' � 11. Questions relating to the Rights and Privileges of the Assembly or any of its Members ............................................ '' � 12. Call for the Orders of the Day ........................... '' � 13.

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Art. III. Motions and their Order of Precedence.* [For a list of all the ordinary motions, arranged in their order of precedence, see � 64. All the Privileged and Subsidiary ones in this Article are so arranged.] [�� 10-27.]

Privileged Motions. [�� 10-13. See � 9.]

To Fix the Time to which the Assembly shall Adjourn. This motion takes precedence of all others, and is in order even after the assembly has voted to adjourn, provided the Chairman has not announced the result of the vote. If made when another question is before the assembly, it is undebatable [� 35]; it can be amended by altering the time. If made when no other question is before the assembly, it stands as any other principal motion, and is debatable.** [In ordinary societies it is better to follow the common parliamentary law, and permit this question to be introduced as a principal question, when it can be debated and suppressed [� 58, 59] like other questions. In Congress, it is never debatable, and has entirely superseded the unprivileged and inferior motion to "adjourn to a particular time."]

The form of this motion is, "When this assembly

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adjourns, it adjourns to meet at such a time."

To Adjourn. This motion (when unqualified) takes precedence of all others, except to "fix the time to which to adjourn," to which it yields. It is not debatable, and cannot be amended, or have any other subsidiary motion [� 7] applied to it. If qualified in any way it loses its privileged character, and stands as any other principal motion. The motion to adjourn can be repeated if there has been any intervening business, though it be simply progress in debate [� 26]. When a committee is through with any business referred to it, and prepared to report, instead of adjourning, a motion should be made "to rise," which motion, in committee, has the same privileges as to adjourn in the assembly [� 32].

The effect upon Unfinished Business of an adjournment is as follows* ["After six days from the commencement of a second or subsequent session of any Congress, all bills, resolutions and reports which originated in the House, and at the close of the next preceding session remained undetermined, shall be resumed, and acted on in the same manner as if an adjournment had not taken place." Rule 136, H. R. Any ordinary society that meets as seldom as once each year, is apt to be composed of as different membership at its successive meetings, as any two successive Congresses, and only trouble would result from allowing finished business to hold over to the next yearly meeting.] [see Session, � 42]:

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(a) When it does not close the session, the business interrupted by the adjournment 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 it closes a session in an assembly which has more than one regular session each year, then the unfinished business is taken up at the next succeeding session previous to new business, and treated the same as if there had been no adjournment [see � 44, for its place in the order of business]. Provided, that, in a body elected for a definite time (as a board of directors elected for one year), unfinished business falls to the ground with the expiration of the term for which the board or any portion of them were elected.

(c) When the adjournment closes a session in an assembly which does not meet more frequently than once a year, or when the assembly is an elective body, and this session ends

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the term of a portion of the members, the adjournment shall put an end to all business unfinished at the close of the session. The business can be introduced at the next session, the same as if it had never been before the assembly.

Questions of Privilege. Questions relating to the rights and privileges of the assembly, or any of its members, take precedence of all other questions, except the two preceding, to which they yield. The Previous Question [� 20] can be applied to these, as to all other debatable questions.

Orders of the Day. A call for the Orders of the Day takes precedence of every other motion, excepting to Reconsider [� 27], and the three preceding, to which latter three it yields, and is not debatable, nor can it be amended. It does not require to be seconded.

When one or more subjects have been assigned to a particular day or hour, 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 [� 39]. And when that day or hour arrives, if called up, they take precedence of all but the three

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preceding questions [�� 10, 11, 12]. Instead of considering them the assembly may appoint another time for their consideration. If not taken up on the day specified, the order falls to the ground.

When the Orders of the Day are taken up, it is necessary to take up the separate questions in their exact order, the one first assigned to the day or hour, taking precedence of one afterwards assigned to the same day or hour. (A motion to take up a particular part of the Orders of the Day, or a certain question is not a privileged motion). Any of the subjects, when taken up, instead of being then considered, can be assigned to some other time.

The Form of this question, as put by the Chair when the proper time arrives, or on the call of a member, is, "Shall the Order of the Day be taken up?" or, "Will the assembly now proceed with the Orders of the Day?"

The Effect of an affirmative vote on a call for the Orders of the Day, is to remove the question under consideration from before the assembly, the same as if it had been interrupted by an adjournment [� 11].

The Effect of a negative vote is to dispense

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with the orders merely so far as they interfere with the consideration of the question then before the assembly.

Incidental Motions. [�� 14-18; see � 8]

Appeal [Questions of Order]. A Question of Order takes precedence of the question giving rise to it, and must be decided by the presiding officer without debate. If a member objects to the decision, he says, "I appeal from the decision of the Chair." If the Appeal is seconded, the Chairman immediately states the question as follows: "Shall the decision of the Chair stand as the judgement of the assembly?"* [The word Assembly can be replaced by Society, Convention, Board, etc., according to the name of the organization.] This Appeal yields to Privileged Questions [� 9]. It cannot be amended; it cannot be debated when it relates simply to indecorum [� 36], or to transgressions of the rules of speaking, or to the priority of business, or if it is made while the previous question [� 20] is pending. When debatable, no member is allowed to speak but once, and whether debatable or not, the presiding officer, without leaving the

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Chair, can state the reasons upon which he bases his decision. The motions to Lie on the Table [� 19], or for the Previous Question [� 20], can be applied to an Appeal, when it is debatable, and when adopted they affect nothing but the Appeal. The vote on an Appeal may also be reconsidered [� 27]. An Appeal is not in order when another Appeal is pending.

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 a breach of a rule to insist upon its enforcement. In such cases he shall rise from his seat, and say, "Mr. Chairman, I rise to a point of order." The speaker should immediately take 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, permits the first member to resume his speech. If the member's remarks are decided to be improper, and any one objects to his continuing his speech, he cannot continue it without a vote of the assembly to that effect. Instead of the method just described, it is usual, when it is simply a case of improper language used in debate, for a member to say, "I call the gentleman to order;" the Chairman

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decides whether the speaker is in or out of order, and proceeds as before. The Chairman can ask the advice of members when he has to decide questions of order, but the advice must be given sitting, to avoid the appearance of debate; or the Chair,