Robert's Rules of Order Part 13

Art. XIII. Debate.

65. Rules of Speaking in Debate. All remarks must be addressed to the chairman, and must be confined to the question before the a.s.sembly, avoiding all personalities and reflections upon any one's motives. It is usual for permanent a.s.semblies to adopt rules limiting the number of times any member can speak to the same question, and the time allowed for each speech;* [In Congress the House of Representatives allows from each member only one speech of one hour's length; the Senate allows two speeches without limit as to length.] as otherwise one member, while he could speak only once to the same question, might defeat a measure by prolonging his speech and declining to yield the floor except for a motion to adjourn. In ordinary a.s.semblies two speeches should be allowed each member (except upon an appeal), and these rules also limit the time for each speech to ten minutes. A majority can permit a member to speak oftener or longer whenever it is desired, and the motion granting such permission cannot be debated.

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However, if greater freedom is wanted, it is only necessary to consider the question informally, or if the a.s.sembly is large, go into committee of the whole.* [See Rules of Order, ---- 32, 33.] If on the other hand it is desired to limit the debate more, or close it altogether, it can be done by a two-thirds vote, as shown in -- 58 (b).

66. Undebatable Questions and those Opening the Main Question to Debate. [A full list of these will be found in -- 35, to which the reader is referred. To the undebatable motions in that list, should be added the motion to close or limit debate.]

Art. XIV. Miscellaneous.

67. Forms of Stating and Putting Questions. Whenever a motion has been made and seconded, it is the duty of the chairman, if the motion is in order, to state the question so that the a.s.sembly may know what question is before them. The seconding of a motion is required to prevent a question being introduced when only one member is in favor of it, and consequently

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but little attention is paid to it in mere routine motions, or when it is evident that many are in favor of the motion; in such cases the chairman a.s.sumes that the motion is seconded.

Often in routine work the chairman puts the question without waiting for even a motion, as few persons like to make such formal motions, and much time would be wasted by waiting for them: (but the chairman can only do this as long as no one objects.) The following motions, however, do not have to be seconded: (a) a call for the orders of the day; (b) a call to order, or the raising of any question of order; and (c) an objection to the consideration of a question.

One of the commonest forms of stating a question is to say that, "It is moved and seconded that," and then give the motion. When an amendment has been voted on, the chairman announces the result, and then says, "The question now recurs on the resolution," or, "on the resolution as amended," as the case may be. So in all cases, as soon as a vote is taken, he should immediately state the question then before the a.s.sembly, if there be any. If the motion is debatable or can be amended, the chairman, usually after stating the question, and

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always before finally putting it, inquires, "Are you ready for the question?" Some of the common forms of stating and putting questions are shown in ---- 46-48. The forms of putting the following questions, are, however, peculiar:

If a motion is made to Strike out certain words, the question is put in this form: "Shall these words stand as a part of the resolution?" so that on a tie vote they are struck out.

If the Previous Question is demanded, it is put thus: "Shall the main question be now put?"

If an Appeal is made from the decision of the Chair, the question is put thus: "Shall the decision of the Chair stand as the judgment of the a.s.sembly?" [convention, society, etc.] If the Orders of the Day are called for, the question is put thus: "Will the a.s.sembly now proceed to the Orders of the Day?"

When, upon the introduction of a question, some one objects to its consideration, the chairman immediately puts the question thus: "Will the a.s.sembly consider it?" or, "Shall the question be considered?" [or discussed.]

If the vote has been ordered to be taken by yeas and nays, the question is put in a form similar to the following: "As many as are in favor of the adoption of these resolutions, will, when their names are called, answer yes [or aye]--those opposed will answer no."

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68. Motions requiring a two-thirds vote.* [See Two-thirds Vote, page 159, and -- 39 of Rules of Order.]

All motions that have the effect to make a variation from the established rules and customs, should require a two-thirds vote for their adoption. Among these established customs should be regarded the right of free debate upon the merits of any measure, before the a.s.sembly can be forced to take final action upon it. The following motions would come under this rule:

To amend or suspend the rules.

To make a special order.

To take up a question out of its proper order.

An objection to the consideration of a question.

The Previous Question, or a motion to limit or close debate.

69. Unfinished Business. When an a.s.sembly adjourns, the unfinished business comes up at the adjourned meeting, if one is held, as the first business after the reading of the minutes; if there is no adjourned meeting, the unfinished business comes up immediately before new business at the next regular meeting, provided the regular meetings are more frequent than yearly.** [See Rules of Order, -- 11, for a fuller explanation of the effect of an adjournment upon unfinished business, and the Congressional practice.] If the meetings are only once a

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year, the adjournment of the session puts an end to all unfinished business.

70. Session. Each regular meeting of a society const.i.tutes a separate session. Any meeting which is not an adjournment of another meeting, commences a new session; the session terminates as soon as the a.s.sembly "adjourns without day."* [In ordinary practice, a meeting is closed by moving simply "to adjourn;" the society meet again at the time provided either by their rules or by a resolution of the society. If they do not meet till the time for the next regular meeting, as provided in the By-Laws, then the adjournment closed the session, and was in effect an adjournment without day. If, however, they had previously fixed the time for the next meeting, either by a direct vote, or by adopting a programme of exercises covering several meetings or even days, in either case the adjournment is in effect to a certain day, and does not close the session.]

When an a.s.sembly has meetings for several days consecutively, they all const.i.tute one session. Each session of a society is independent of the other sessions, excepting as expressly provided in their Const.i.tution, By-Laws, or Rules of Order, and excepting that resolutions adopted by one session are in force during succeeding sessions until rescinded by a majority vote [see note to -- 49].

Where a society holds more than one regular session a year, these rules limit the independence of each session as follows: (a) The Order of Business prescribed in -- 72 requires that the

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minutes of the previous meeting, the reports of committees previously appointed, and the unfinished business of the last session, shall all take precedence of new business, and that no subject can be considered out of its proper order, except by a two-thirds vote; (b) it is allowable to postpone a question to the next session, when it comes up with unfinished business, but it is not allowable to postpone to a day beyond the next session, and thus interfere with the right of the next session to consider the question; (c) a motion to reconsider a vote can be made at one meeting and called up at the next meeting even though it be another session, provided the society holds its regular sessions as frequently as monthly.* [See Rules of Order, -- 42, for a full discussion of this subject.]

71. Quorum. [See -- 43 for full information on this subject.]

72. Order of Business. Every society should adopt an order of business adapted to its special wants. The following is the usual order where no special rule is adopted, and when more than one regular meeting is held each year:

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(1) Reading of the minutes of the last meeting.

(2) Reports of Boards of Trustees or Managers, and Standing Committees.

(3) Reports of Select Committees.

(4) Unfinished Business (including questions postponed to this meeting).

(5) New Business.

Business cannot be considered out of its order, except by a two-thirds vote; but a majority can lay on the table the different questions as they come up, and thus reach a subject they wish first to consider. If a subject has been made a Special Order for this meeting, then it is to be considered immediately after the minutes are read.

73. Amendments of Const.i.tutions, By-Laws and Rules of Order, should be permitted only when adopted by a two-thirds vote, at a regular meeting of the society, after having been proposed at the previous regular meeting. If the meetings are very frequent, weekly, for instance, amendments should be adopted only at the quarterly meetings, after having been proposed at the previous quarterly meeting.

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Legal Rights of a.s.semblies and the Trial of their Members.

The Right of Deliberative a.s.semblies to Punish their Members. A deliberative a.s.sembly has the inherent right to make and enforce its own laws and punish an offender--the extreme penalty, however, being expulsion from its own body. When expelled, if the a.s.sembly is a permanent society, it has a right, for its own protection, to give public notice that the person has ceased to be a member of that society.

But it has no right to go beyond what is necessary for self protection and publish the charges against the member. In a case where a member of a society was expelled, and an officer of the society published, by their order, a statement of the grave charges upon which he had been found guilty, the expelled member recovered damages from the officer, in a suit for libel--the court holding that the truth of the charges did not affect the case.

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The Right of an a.s.sembly to Eject any one from its place of meeting.

Every deliberative a.s.sembly has the right to decide who may be present during its session, and when the a.s.sembly, either by a rule or by a vote, decides that a certain person shall not remain in the room, it is the duty of the chairman to enforce the rule or order, using whatever force is necessary to eject the party.

The chairman can detail members to remove the person, without calling upon the police. If, however, in enforcing the order, any one uses harsher treatment than is necessary to remove the person, the courts have held that he, and he alone is liable to prosecution, just the same as a policeman would be under similar circ.u.mstances. However badly the man may be abused while being removed from the room, neither the chairman nor the society are liable for damages, as, in ordering his removal, they did not exceed their legal rights.

Rights of Ecclesiastical Tribunals. Many of our deliberative a.s.semblies are ecclesiastical bodies, and it is important to know how much respect will be paid to their decisions by the civil courts.

A church became divided and each party