Reed's Parliamentary Rules: A Manual of General Parliamentary Law

THOMAS BRACKETT REED

PREFACE.

It should be understood at once that this Manual has nothing to do with the political differences which have existed as to the rules of the House of Representatives, except so far as any treatise would incidentally refer to them.

The object of this book is to present the rules of general parliamentary law in such a way that the system can be comprehended by persons who may be called upon to preside over meetings of deliberative bodies, and by those who may desire to participate in the proceedings. The aim has been to so explain each motion that it may be understood by itself and also in its relations to other motions. Paragraphs also have been inserted to show the changes made in general parliamentary law by the rules and usages of the United States House of Representatives. This, it was thought, would be useful to enable those who desired so to do to comprehend, in a general way, the practice of that body.

Forms and suggestions have been added. If it should seem to anyone versed in parliamentary law that many of the forms are too simple to need printing, the author ventures to suggest that a beginner does not know the simpler things, and needs them the most.

If the student has once fixed in his mind the idea that parliamentary law is not a series of arbitrary rules, but a. plain, consistent system, founded on common sense, and sanctioned by the experience of mankind, he will have gone far toward understanding it. That this little volume will complete his education is too much to expect, but that it will aid and assist the learner is the hope of the author.

Thomas B. Reed.

PARLIAMENTARY RULES.

CHAPTER I.

Introduction.

Origin and Precedents.——Parliamentary law, as it now exists, had its origin as a system in the Parliament of England. Undoubtedly in every country and in every age where assemblies of people were held, some form of procedure became established and was followed. But these forms of procedure have, in many, perhaps most, instances, perished, and would probably be of little use to us now if fully known. The English system itself has been so changed within human memory in every other country where the parliamentary system of government has been adopted, that English precedents afford us little help as to actual procedure. Nevertheless, they are still of much use in determining and illustrating fundamental principles. Before the time when Jefferson wrote his little treatise, which is known as Jefferson's Manual, American parliamentary law was, for the most part, an agglomeration of English precedents which were reverenced because they were precedents, and not because they were examples of proper methods of expediting business. Before that time but little effort had been made to reconcile precedents with principles, and parliamentary law was not a system founded on principle and settled by the dictates of reason. It cannot be said now to be a perfect method easily adjusted to all cases, but it has been changed for the better, and the' change has been brought about in a natural way. Whatever concerns large bodies of men, and is thought over by large numbers of intelligent people, gets infiltrated with the common sense of the many and becomes adapted to their wants and needs. Under a popular government like our own much of the work of government is carried on by bodies and assemblages outside of the regularly constituted legislatures, councils, and legal boards. As a preliminary to the regular government of the country, conventions are necessary for the nomination of candidates and for the conduct of campaigns. As a means of utilizing wealth by union of limited sums, corporations are formed to enable large enterprises to be conducted. The members of these corporations have to meet to transact business, and the directors chosen by them have also to act together as a body. Many movements in connection with education and with other forms of human progress, including all the movements which have gone on and are going on for enfranchisement of women, require assemblages for very many purposes. Wherever there is an assembly there is need of parliamentary law, so that the assembly may proceed in orderly fashion with as little jar and discord as possible, and accomplish the work to be performed, which work in all instances is to obtain the sense of the assembly and shape its action in accord therewith. This increase of assemblies, the extent of which has been but hinted at, has necessarily brought the law which governs them more and more into discussion until today a tolerable system can be stated which will appeal at once to the good sense of all, and also to the experience of those who have had occasion to be versed in the practice.

Of course, there are disputed points, many questions on which authorities seem to differ, and the practice to be varied. In such cases that rule has been adopted in this Manual which seemed the most practical and sensible, not always in itself, but as a part of a working system.

As has already been intimated, we can have but scant recourse to English precedents, for the difference between English and American parliamentary law is so wide that it would hardly be possible for a parliamentarian, practiced in our law only, to understand the proceedings of the House of Commons. There the previous question kills the bill, with us it only kills the debate. There a motion to adjourn, at least of a certain kind, is debatable, and a motion to adjourn debate can be debated to exhaustion. With us the body must say yes or no to the question of adjournment, and the motion to adjourn, debate, at least in that form, is unknown. There they do not strike out They prefer to decide whether or not the words shall stand part of the question. A motion to reconsider is not allowed. With us it is altogether too common.

Nor, on the other hand, have we much help from our own popular parliamentary body, the House of Representatives. There a variety of causes have conspired to make the forms of procedure peculiar to itself. Perhaps on the whole it would not be suitable in a treatise like this to specify these causes, bitt every one recognizes the fact that whether the causes for the slow procedure of the House are proper causes, the fact remains that the procedure of the House is not adapted to the ordinary assembly, and, so far as my knowledge extends, has never been adopted in its entirety by any legislature.

The parliamentary law, then, which we have to describe has grown up among the people for their own uses, and is on the whole well-adapted to the ends they have in view.

CHAPTER II.

Preliminary Propositions.

SECTION I. Understanding Under which Assemblies Meet.——Every assembly meets with the implied understanding that it will be governed and controlled by the general custom applicable to assemblies, which custom is called general parliamentary law. This is implied from its very existence, since no action can be taken without some rules, and special rules cannot be had without parliamentary action. In a word, a lawful assembly met to express an opinion or do an act must have some order of proceeding, and the system which we call parliamentary law, having grown out of the necessities of the case and having been universally acquiesced in, has become the governing law of such assemblies, confidently appealed to by each member. Where special exigencies require it these unwritten rules are supplemented by Special Rules just as the common law is supplemented by statutes. Where the special rules do not modify, change, or obliterate any rule of general parliamentary law, that rule still governs just as the common law controls where the statute has not modified it.

SECTION 2. Nature of Assemblies.——Assemblies differ, not only in their character as legal or voluntary, but also in the nature of the right of membership. Some require an elaborate organization. Others are best served by the simplest methods.

SECTION 3. Voluntary Assemblies.——An assembly may be a voluntary one, called together by those interested, and of which any one who comes and who answers to the description of those called, can be a member. Political mass meetings, meetings to express the opinions of citizens, and meetings to form associations, are of this class.

SECTION 4. Legislative and Constituent Assemblies.——An assembly may be one constituted by law, and those only can be members who are chosen or appointed by law, or who by virtue of credentials seem to be so chosen or appointed. Constitutional conventions, legislatures, and municipal councils are examples of this kind of assembly.

Other assemblies are constituted under a call by competent authority without special warrant of law, though under its sanction, in such a way that each member of them, though chosen by a voluntary assembly, must present credentials in order to prove himself a member. Political conventions to make nominations are examples of this sort of assembly.

SECTION 5. Adaptation of Organization to the Assembly.——It is evident from the nature of the case that these different kinds of assemblies require different kinds of organization, not different in character, but in extent. Those assemblies the membership of which cannot be in dispute, and the purposes of which are neither numerous nor complicated, can organize permanently at once, and need only a very simple system.

SECTION 6. Those assemblies the membership of which may be in dispute, and in which individuals have no right to participate without credentials, cannot, it is obvious, fully organize until the preliminary question of membership is settled. Such a question is too vital to be postponed, and the results of a convention or a legislature are too deeply affected by the organization for that to take final shape until the question of membership is settled.

In bodies constituted by law, that chaotic moment when the assembly meets and does not yet know its membership has been fraught with so much disorder, confusion, and discord that there is usually some method pointed out by statute for the preliminary examination of credentials.

SECTION 7. In the House of Representatives the Clerk of the preceding House makes up the list of members, which list is regarded as conclusive for the time being, and at once the House called to order by him proceeds to permanent organization. Until the Speaker is chosen this Clerk presides.

So important is the initiative of organization, and so dangerous is the situation considered, that various expedients have been adopted for legislative bodies in various countries. We have already stated that adopted in this country in regard to the House of Representatives. In France the Chamber of Deputies is organized by the oldest member taking the chair, with the six youngest members as secretaries. The secretaries act until the permanent organization, but the presiding officer, who takes the chair by virtue of his age, retains it only so long as is necessary to choose a temporary president and two temporary vice-presidents. The temporary president is then installed, and the assembly proceeds to ascertain who are members. When the membership is ascertained, then the permanent organization is made.

In Italy the chair is taken by the earliest named vice-president of the preceding session, or, if there be none of that session present, then by the one present of the session least remote. If there are none of any session then the oldest member acts.

By the provisions of the constitution of Rhode Island, the senior member from the town of Newport is temporary president of the popular branch.

SECTION 8. Where no provision of constitution or statute exists, and in bodies voluntary in their origin, but requiring credentials to entitle those proposing to act to membership, a preliminary or temporary organization is first had, and immediately the credentials are examined, usually by the aid of a committee, whose judgment is submitted to the assembly and passed upon by it. The permanent organization is then made.

Quorum.

SECTION 9. Definition.——The quorum of an assembly is that number which must be present to constitute the assembly a body