Robert's Parliamentary Practice/Chapter 13

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Robert's Parliamentary Practice (1921)
by Henry Martyn Robert
Chapter 13—Privileged Motions.
4284178Robert's Parliamentary Practice — Chapter 13—Privileged Motions.1921Henry Martyn Robert


CHAPTER XIII.

PRIVILEGED MOTIONS.

Call for Orders of the Day.
Raise a Question of Privilege.
Take a Recess.
Adjourn.
Fix the Time to which to Adjourn.

[See Privileged Motions, pages 6, 166.]

Call for Orders of the Day. It is the duty of the presiding officer to see that the business is taken up in its proper order, and if at any time this duty is neglected a member may rise and say, "Mr. Chairman, I call for the orders of the day." This means "I demand that the order of business adopted by the assembly be complied with." This call requires no second, cannot be debated or amended; and may be made even while another has the floor, or after a motion has been made, provided it has not been stated by the chair. If a question is pending, it is not in order to call for the orders of the day unless the hour appointed by a special order or program for taking up another subject has arrived, and in that case the call is in order even though another has the floor and is speaking. A question postponed to a certain time has no right to interrupt business pending at that time, but as soon as such business is disposed of it has the right to consideration before all main questions except special orders. These postponed questions are General Orders.

Special Orders. If it is desired to give a question the privilege of interrupting any business that may be pending at a certain time, it is necessary to make it a Special Order for that time. This is done by adopting by a two-thirds vote a motion "to postpone the pending question and make it the special order for 3 P.M. tomorrow"; or, if the resolution is not pending the form is, "that the following resolution 'Resolved, That,' etc. [giving the resolution] be made the special order for 9 P.M. at the next meeting." When several subjects are to be made special orders for certain hours it is usual to adopt a Program or Order of Business with the hour specified for taking up each subject. The motion to make a special order is debatable and amendable, and it requires a two-thirds vote because it suspends all rules that interfere with its consideration at the specified time.

When the orders of the day are called for, the chairman should announce the business that properly comes before the assembly at that time. If, however, he thinks two-thirds of the assembly prefer to continue the consideration of the pending question, he may submit the matter to the assembly thus: "The orders of the day are called for. Will the assembly proceed to the orders of the day? As many as are in favor of proceeding to the orders of the day, say Aye. Those opposed say No. The ayes have it and the pending question is on ———" [stating the question assigned to that hour]. It requires a two-thirds vote in the negative to defeat this motion, since this would reverse action previously taken by the assembly. If the question is decided in the negative the call for the orders of the day cannot be renewed until the subject then before the assembly has been disposed of. [See R. O. R., pages 68-77 for further information.]

Raise a Question of Privilege. Should there be any disturbing element such as conversation in the room, or an open door admitting noise or causing a draft, or anything whatever affecting any one's rights or privileges as a member of the assembly, he may rise to a "question of privilege." This can be done while another has the floor, and if sufficiently urgent may even interrupt his speech. The member on rising, without waiting for recognition, says, "Mr. Chairman, I rise to a question of privilege." The chair directs him to state his question of privilege and if the chair considers it such a question, the necessary steps are taken in the case. The interrupted business is then resumed. The chair may decide the question to be too unimportant to justify the interruption and may direct the speaker to continue his speech. From this decision an appeal may be made. Usually in simple cases such as annoyance from draft or noise, a member upon rising, simply states the trouble thus: "Mr. Chairman, there is too much noise for us to hear the speaker." [For illustration see page 64.]

Take a Recess. When an assembly is in session all day, it is necessary to take recesses during the day. This motion can be made when any question is pending except the motion to "fix the time for an adjourned meeting" or to "adjourn." If a program has been adopted specifying the time for the recess (that is for adjourning that meeting and for reconvening) the chair at that time declares the assembly adjourned, or in recess, to the stated time. If he neglects it, the motion to adjourn may be made or the orders of the day may be called for.

If the recess is desired at a time which the assembly has not appointed for an adjournment, a motion may be made to take a recess until a certain time, which time may be changed by amendment. It is undebatable if made while another question is pending. If adopted, the chairman immediately declares the assembly in recess until the specified time. To take a recess at a future time is a main motion with no privilege. When a session lasts several days sometimes a recess is taken over an entire day.

Adjourn. When it is desired to close a meeting, the proper motion to make is to "adjourn." This motion may be made when any motion is pending except the motion to "fix the time to which to adjourn." It cannot be debated or have any subsidiary motion applied to it, but as soon as it is made the chair states and puts the question thus: "It has been moved and seconded that we adjourn [or to adjourn]. As many as are in favor of the motion say Aye; those opposed say No. The ayes seem to have it." After a slight pause if no division is called for, the chair continues: "The ayes have it, and we stand adjourned." If the ayes are greatly in the majority, the words, "The ayes seem to have it" are omitted. Until the chairman has declared the assembly adjourned, the assembly is still in session and notice of certain motions may be made, the chairman may announce committees, and motions may be made to reconsider, or to reconsider and have entered on the minutes, or to fix the time to which to adjourn. In an assembly which has no provision for another meeting, the motion to adjourn is a main motion without any privilege. In organized societies, however, it is always a privileged motion unless it is qualified, as to adjourn to a certain time.

Fix the Time to Which to Adjourn. This motion outranks all other motions and may be made even after the assembly has voted to adjourn provided it has not been declared adjourned. It is undebatable but can be amended by changing the time. When the assembly has no fixed place for meeting, this motion may include the place and that may be amended. This motion must not be confused with the motion to Fix the Time at which to Adjourn, this latter being a main motion with no privilege whatever. The object of this motion, to Fix the Time to which to Adjourn, is to appoint the time for an adjourned meeting. Its form is, "I move that when we adjourn, we adjourn to meet at 8 P.M., Jan. 22."

Practice Work.

(1) Repeat from memory from Chart I the privileged motions in order of rank. Which can be amended? Why are they undebatable?

(2) Call for the Orders of the Day: What is the meaning of this motion or call? What privileges have special orders over general orders? What vote is required to make a special order? How are general orders usually made? What vote is required?

(3) Raise a Question of Privilege: Name a cause for making this motion, and state what formalities may be omitted.

(4) Take a Recess: Why should this be amendable?

(5) When is Adjourn a main motion? Under what circumstances would the chairman use the form, "The ayes seem to have it." What business may be done after the motion to adjourn has been voted on before the chair has announced the vote?

(6) Fix the Time to which to Adjourn: Tell in your own words the difference between this motion and one fixing the time at which to adjourn.