Page:The New International Encyclopædia 1st ed. v. 15.djvu/435

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PARLIAMENTARY LAW.
378
PARLIAMENTARY LAW.

by moving an amendment. Before the chair has put the question, however, the mover may withdraw it without the consent of the assembly.

The question on the adoption of a motion or resolution is usually known as the main question, and during the consideration of it the introduction of any other question is not permissible, but it is allowable to make subsidiary motions that may aid in disposing of the main question, or such as arise incidentally in the course of the consideration of the main question, or such as relate to the rules of procedure, the privileges of members, or the termination of the meeting. Among the subsidiary motions for disposing of the main question, all of which must be decided before the main question can be acted upon, are: First in precedence, the motion to lay on the table. The purpose of this motion is to postpone further consideration of the question until some future time, when it may again be taken up, which would not be allowable had the question been disposed of by a motion to postpone either definitely or indefinitely. This is a common method of suppressing a question, and is successful whenever a majority cannot be found to take it from the table during the session. A motion to lay on the table is not open to debate, cannot be amended, nor can another subsidiary motion be applied to it. The effect of the motion is usually to place on the table everything pertaining to the subject; thus, if an amendment be ordered to lie on the table the subject which it is proposed to amend is also laid on the table. A second means of disposing of the main question by means of a subsidiary motion is the demand for the previous question. This takes precedence of every debatable question, but is itself open to neither debate nor amendment. It applies to questions of privilege as well as to any other debatable question. Its effect is to stop immediately all debate and bring the assembly to a vote on the question pending. When a demand is made for the previous question and seconded, the presiding officer immediately puts the question. “Shall the main question now be put?” If the question is lost, the discussion continues as if the motion had not been made. The previous question requires a two-thirds vote for its adoption, may be demanded on a pending amendment, and if carried, debate on the amendment only is closed, the main question being still open to debate and amendment. It may also be used on an amendment to an amendment. (See Previous Question.) A third method of disposing of the main question is by means of the motion to postpone to a certain day. Debate on this motion is limited, and must not go into the merits of the subject matter any further than may be necessary to enable the assembly to judge of the propriety of the postponement. The object of this motion is to postpone further consideration of the subject until a certain time, during which period it cannot be taken up except by a two-thirds vote. When that time arrives the question is entitled to be taken up in preference to everything except privileged questions. In the fourth place, the main question may he disposed of by a motion to commit or recommit. The purpose of this motion is to refer the subject to a committee. If different committees are proposed, they should be voted on in the following order: (1) Committee of the whole; (2) a standing committee; (3) a special committee. The committee, if a select one, may be appointed by the Chair or nominated by a member or members and elected by the assembly. The motion to commit is debatable, and the merits of the question may be gone into. In the next place, the main question may be disposed of by a motion to amend, which may take either of the following forms: (1) to ‘add’ or ‘insert’ certain words or sentences; (2) to ‘strike out’; (3) to ‘strike out certain words and insert others’; (4) to ‘substitute’; and (5) to ‘divide the question.’ A paragraph once inserted cannot be struck out or amended except by adding to it. Similarly, words inserted cannot be struck out except by a motion to strike out the paragraph or a portion thereof. Certain motions are never open to amendment; among these are the motions to adjourn, to lay on the table, to postpone indefinitely, to reconsider, an amendment of an amendment, a demand for the previous question, for the orders of the day, and all incidental questions. An amendment may itself be amended, but not so as to alter its form. While an amendment is pending it is not in order to make another motion to amend until the first amendment is disposed of. Lastly, the main question may be disposed of by a motion to postpone indefinitely. This motion opens to debate the whole question which it is proposed to amend, but, as already observed, it cannot itself be amended. Its effect is to withdraw the question from the further consideration of the assembly for the remainder of the session. The previous question applies to this motion without affecting the main question.

What are called incidental questions are those which often arise in the course of the consideration of the main question, and consequently take precedence of the questions out of which they arise. Such questions are unamendable, and, with a single exception, are undebatable. The incidental questions are those of appeal, objection to the consideration of a question, the reading of papers, leave to withdraw a motion, and suspension of the rules. The appeal arises out of objection raised to a decision of the chair on a question of order. The decision of the presiding officer is made without debate, and if a member objects to the result of the decision, he may say “I appeal from the decision of the Chair.” If the appeal is seconded, the chairman puts the question as follows: “Shall the decision of the Chair stand as the judgment of the assembly?” If there is a tie vote the decision of the Chair is sustained. The appeal is the only incidental question which is open to debate, and there are a few eases when it cannot be debated. When debatable, no member is allowed to speak more than once. If the presiding officer neglects to enforce the rules of procedure, any member may call his attention to the breach of order by rising and saying, “Mr. Chairman, I rise to a point of order,” whereupon the chairman will request the member to state his objection, which he does, and then resumes his seat. If the chairman decides that the point of order is not well taken, and no appeal is made against the decision, the first member is permitted to resume his speech. If the decision sustains the point of order, and objection is made, he cannot continue without a vote of the assembly. It is in order for any member to object to the consideration of the main question before debate has begun on it. The objection does not require a second, and may