Robert's Rules of Order
by
Henry M. Robert
Part 3 out of 3
The Right of an Assembly to Eject any one from its place of meeting.
Every deliberative assembly has the right to decide who may be present
during its session, and when the assembly, 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 circumstances. 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 assemblies
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
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claimed to be the church, and therefore entitled to the church property.
The case was taken into the civil courts, and finally, on appeal to the
U. S. Supreme Court, which held the case under advisement for one year,
and then reversed the decision of the State Court, because it conflicted
with the decision of the highest ecclesiastical court that had acted
upon the case. The Supreme Court, in rendering its decision, laid down
the broad principle that, when a local church is but a part of a larger
and more general organization or denomination, it will accept the
decision of the highest ecclesiastical tribunal to which the case has
been carried within that general church organization, as final, and will
not inquire into the justice or injustice of its decree as between the
parties before it. The officers, the ministers, the members, or the
church body which the highest judiciary of the denomination recognizes,
the court will recognize. Whom that body expels or cuts off, the court
will hold to be no longer members of that church.
Trial of Members of Societies. Every deliberative assembly, having the
right to purify its own body, must therefore have the right to
investigate the character of its members.
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It can require any of them to testify in the case, under pain of
expulsion if they refuse. In Sec. 36 is shown the method of procedure when
a member is charged with violating the rules of decorum in debate. If
the disorderly words are of a personal nature, before the assembly
proceeds to deliberate upon the case, both parties to the personality
should retire. It is not necessary for the member objecting to the
words to retire, unless he is personally involved in the case.
When the charge is against the member's character, it is usually
referred to a committee of investigation or discipline, or to some
standing committee to report upon. Some societies have standing
committees, whose duty it is to report cases for discipline whenever any
are known to them.
In either case the committee investigate the matter and report to the
society. This report need not go into details, but should contain their
recommendations as to what action the society should take, and should
usually close with resolutions covering the case, so that there is no
need for any one to offer any additional resolutions upon it. The
ordinary resolutions, where the member is recommended to be expelled,
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are (1) to fix the time to which the Society shall adjourn; and (2) to
instruct the clerk to cite the member to appear before the society at
this adjourned meeting to show cause why he should not be expelled, upon
the following charges, which should then be given.
After charges are preferred against a member and the assembly has
ordered that he be cited to appear for trial, he is theoretically under
arrest, and is deprived of all the rights of membership until his case
is disposed of.
The clerk should send the accused a written notice to appear before the
society at the time appointed, and should at the same time furnish him
with a copy of the charges. A failure to obey the summons is generally
cause enough for summary expulsion.
At the appointed meeting, what may be called the trial, takes place.
Frequently the only evidence required against the member is the report
of the committee. After it has been read and any additional evidence
offered that the committee may see fit to introduce, the accused should
be allowed to make an explanation and introduce witnesses if he so
desires. Either party should be allowed to cross-examine the other's
witnesses and introduce rebutting testimony.
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When the evidence is all in, the accused should retire from the room,
and the society deliberate upon the question, and finally act by a vote
upon the question of expulsion or other punishment proposed.
In acting upon the case, it must be borne in mind that there is a vast
distinction between the evidence necessary to convict in a civil court
and that required to convict in an ordinary society or ecclesiastical
body. A notorious pickpocket could not even be arrested, much less
convicted, by a civil court, simply on the ground of being commonly
known as a pickpocket; while such evidence would convict and expel him
from any ordinary society.
The moral conviction of the truth of the charge is all that is necessary
in an ecclesiastical or other deliberative body, to find the accused
guilty of the charges.
If the trial is liable to be long and troublesome, or of a very delicate
nature, the member is frequently cited to appear before a committee,
instead of the society, for trial. In this case the committee report to
the society the result of their trial of the case, with resolutions
covering the punishment which they recommend the society to adopt.
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TABLE OF RULES
RELATING TO MOTIONS.
[This Table contains the answers to more than two hundred questions on
parliamentary law, and should always be consulted before referring to
the body of the Manual.]
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TABLE OF RULES RELATING TO MOTIONS.
Explanation of the Table. A Star shows that the rule heading the column
in which it stands, applies to the motion opposite to which it is
placed: a blank shows that the rule does not apply: a figure shows
that the rule only partially applies, the figure referring to the note
on the next page showing the limitations. Take, for example, "Lie on
the table:" the Table shows that Sec. 19 of the Pocket Manual treats of
this motion; that it is "undebatable" and "cannot be amended;" and that
an affirmative vote on it (as shown in note 3) "cannot be reconsidered:"
-- the four other columns being blank, show that this motion does not
"open the main question to debate," that it does not "require a 2/3
vote," that it does "require to be seconded," and that it is not "in
order when another member has the floor."
The column headed "Requires a two-thirds vote," applies only where the
"Pocket Manual of Rules of Order," or similar rules, have been adopted.
[See "Two-thirds Vote," on next page, under Miscellaneous Rules.]
After the note to the Table is some additional information that a
chairman should always have at hand, such as the Order of Precedence of
Motions, the Forms Of Putting Certain Questions, etc.
In order when another has the floor [Sec. 2]-------------|
Requires no Second [Sec. 3]-----------| |
Requires a 2/3 vote [Sec. 39]--See Note 1.---------| | |
Cannot be Reconsidered [Sec. 27]-------| | | |
Cannot be Amended [Sec. 23]-----| | | | |
Opens Main Question to Debate [Sec. 35]---| | | | | |
Undebatable [Sec. 35]-| | | | | | |
|- Section in Pocket Manual | | | | | | |
| | | | | | | |
11 Adjourn ............................................. x . x x . . .
10 Adjourn, Fix the Time to which to ................... 2 . . . . . .
23 Amend ............................................... . . . . . . .
23 Amend an Amendment .................................. . . x . . . .
43 Amend the Rules ..................................... . . . . x . .
14 Appeal, relating to indecorum, etc., [6] ............ x . x . . . x
14 Appeal, all other cases ............................. . . x . . . x
14 Call to Order ....................................... x . x . . x x
37 Close Debate, motion to ............................. x . . . x . .
22 Commit .............................................. . x . . . . .
31 Extend the limits of debate, motion to .............. x . . . . . .
10 Fix the Time to which to Adjourn .................... 2 . . . . . .
15 Leave to continue speaking when guilty of indecorum x . x . . . .
19 Lie on the Table .................................... x . x 3 . . .
37 Limit Debate, motion to ............................. x . . . x . .
13 Objection to Consideration of a Question [7] ........ x . x . x x x
13 Orders of the Day, motion for the ................... x . x . . x x
21 Postpone to a certain time .......................... 4 . . . . . .
24 Postpone indefinitely ............................... . x x . . . .
20 Previous Question ................................... x . x . x . .
44 Priority of Business, questions relating to ......... x . . . . . .
16 Reading Papers ...................................... x . x . . . .
27 Reconsider a debatable question ..................... . x x . . . 5
27 Reconsider an undebatable question .................. x . x . . . 5
22 Refer (same as Commit) .............................. . x . . . . .
11 Rise (in Committee equals Adjourn) .................. x . x x . . .
11 Shall the question be discussed? [7] ................ x . x . x x x
61 Special Order, to make a ............................ . . . . x . .
23 Substitute (same as Amend) .......................... . . . . . . .
18 Suspend the Rules ................................... x . x x x . .
59 Take from the table ................................. x . x 3 . . .
44 Take up a question out of its proper order .......... x . x . x . .
17 Withdrawal of a motion .............................. x . x . . . .
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Notes To The Table.
(1) This column only applies to assemblies that have adopted these
Rules. If no rules are adopted, a majority vote is sufficient for the
adoption of any motion, except to "suspend the rules," which requires a
unanimous vote. [See Two-thirds Vote, below.]
(2) Undebatable if made when another question is before the assembly.
(3) An affirmative vote on this motion cannot be reconsidered.
(4) Allows of but limited debate upon the propriety of the postponement.
(5) Can be moved and entered on the record when another has the floor,
but cannot interrupt the business then before the assembly: it must be
made on the day the original vote was taken, and by one who voted with
the prevailing side.
(6) An appeal is undebatable only when relating to indecorum, or to
transgressions of the rules of speaking, or to the priority of business,
or when made while the Previous Question is pending. When debatable,
only one speech from each member is permitted.
(7) The objection can only be made when the question is first
introduced, before debate.
MISCELLANEOUS RULES.
Order of Precedence of Motions.
The ordinary motions rank as follows, and any of them (except to amend)
can be made while one of a lower order is pending, but none can
supercede one of a higher order:
To Fix the Time to which to Adjourn.
To Adjourn (when unqualified).
For the Orders of the Day.
To Lie on the Table.
For the Previous Question.
To Postpone to a Certain Time.
To Commit.
To Amend.
To Postpone Indefinitely.
The motion to Reconsider can be made when any other question is before
the assembly, but cannot be acted upon until the business then before
the assembly is disposed of [see note 5 above], when if called up, it
takes precedence of all other motions except to adjourn and to fix the
time to which to adjourn. Questions incidental to those before the
assembly, take precedence of them and must be acted upon first.
Two-thirds Vote.
In Congress the only motions requiring a two-thirds vote, are to suspend
or amend the Rules, to take up business out of its proper order, and to
make a special order. In ordinary societies harmony is so essential,
that a two-thirds vote should be required to force the assembly to a
final vote upon a resolution without allowing free debate. The Table
conforms to the Rules of Order, which are based upon this principle. If
an assembly has adopted no Rules of Order, then a majority vote is
sufficient for the adoption of any motion, except to "suspend the
rules," which would require a unanimous vote.
Forms of Putting Certain Questions.
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 now be 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 judgement of the
assembly?" [convention, society, etc.].
If the Orders of the Day are called for, the question is put thus:
"Will the assembly 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 assembly 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.
Various Forms of Amendments.
An Amendment may be either (1) by "adding" or (2) by "striking out"
words or paragraphs; or (3) by "striking out certain words and inserting
others;" or (4) by "substituting" a different motion on the same
subject; or (5) by "dividing the question" into two or more questions,
so as to get a separate vote on any particular point or points.
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Additions and Corrections.
[These corrections, though mostly contained in other parts of
the Manual, are also needed in the places here indicated.]
19th page, 7th line, after "Sec. 13" insert a star referring to this
note: "See note to Sec. 61."
50th '' 2d line of last note, omit all after "reconsideration."
51st '' at end of 12th line, insert "upon another day."
'' '' 10th line, insert a star, referring to this note: "In
Congress the effect always terminates with the session,
and it cannot be called up by any one but the mover,
until the expiration of the time during which it is in
order to move a reconsideration."
69th '' 4th line, after "Sec. 34," insert "or limiting debate."
72d '' 17th line, insert a star referring to this note:
"If both are personally interested. [See p. 161.]"
73d '' last line of note, insert "final" before "vote."
80th '' add to the list in Sec. 39 the motion
"To make a special order."
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INDEX.
The figures from 1 to 45 refer to sections in Part I; those greater than
45, to sections in Part II. A complete list of motions will be found in
the Index, under the title Motions, list of. The arrangement of the
work can be most easily seen by examining the Table of Contents [pp.
5-8]; its plan is explained in the Introduction, pp. 12-15.
SECTION.
Adjourn, motion to ............................................. 11, 63b
when in order ................................................ 11, 64
effect upon unfinished business .............................. 11, 69
motion to "fix the time to which to adjourn" .................. 10, 63
Amendment, motion to "amend" .................................. 23, 56a
by "adding" or "striking out" ................................ 23, 56a
by "striking out and inserting" .............................. 23, 56a
by "substituting" ............................................ 23, 56a
by "dividing the question" ................................ 4, 23, 56a
of an amendment .............................................. 23, 56a
in committee .................................................. 28, 53
in committee of the whole ........................................ 32
of reports or propositions with several paragraphs ........... 44, 48b
of Rules of Order, By-Laws and Constitutions .................. 45, 73
motions that cannot be amended ............................... 23, 56a
Announcing the vote. See Forms.
Appeal from the decision of the chair .......................... 14, 61e
Apply, meaning of (Introduction, page 14).
Assembly, how organized ..................................... 46, 47, 48
the word to be replaced by Society, Convention, etc.,
when it occurs in forms of questions, p 16.
legal rights of, pp. 158-163.
right to punish members, p. 158.
right to eject persons from their room, p. 159.
trial of members, p. 160.
Ayes and Noes. See Yeas and Nays, Sec. 38.
Ballot .............................................................. 38
Blanks, filling of .................................................. 25
in balloting, not to be counted ................................... 38
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Boards of Trustees, Managers, etc., their reports in
order when reports of standing committees are made ............ 44, 72
(See Quorum.)
Business, introduction of ...................................... 1-5, 54
order of ...................................................... 44, 72
unfinished, effect of an adjournment upon ..................... 11, 69
[See Priority of Business.]
By-Laws, what they should contain ................................... 49
adoption of ...................................................... 46a
amendment of .................................................. 45, 73
Chairman, duties of ............................................. 40, 50
election of ...................................................... 46a
temporary ..................................................... 40, 47
of a committee ................................................ 28, 53
of committee of the whole ........................................... 32
Change of Vote allowed before result is announced ................... 38
Classification of Motions according to their object ................. 55
into Privileged, Incidental, Subsidiary, etc. .................... 6-9
Clerk, duties of ................................................ 41, 51
additional duties of when receiving money ......................... 52
election of ...................................................... 46a
Commit, motion to .............................................. 22, 56b
Committees, appointment of ..................................... 22, 46c
how they should be composed ................................... 22, 53
object of ..................................................... 28, 53
manner of conducting business in .............................. 28, 53
Reports of, their form ........................................ 29, 53
their reception ............................................ 30, 46c
their adoption ............................................. 31, 46c
their place in the order of business ........................ 44, 72
common errors in acting upon (note) ........................ 30, 46c
Minority Reports of, their form ............................... 29, 53
to be acted upon must be moved as a substitute
for the committee's report ................................ 28, 53
of the whole ...................................................... 32
as if in committee of the whole ................................... 33
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Congress, rules of, the basis of this work, pp. 10-12.
Consideration of a question, objection to ...................... 15, 59a
Constitutions, what they should contain ............................. 49
adoption of by a society ......................................... 48b
amendment of .................................................. 45, 73
Convention, manner of organizing and conducting a
meeting of ..................................................... 47
Credentials of delegates ............................................ 47
Debate, what precedes ............................................ 3, 54
no member to speak but twice in same .......................... 34, 65
no member to speak longer than ten minutes at one
time ........................................................ 34, 65
a majority can extend the number and length of
speeches allowed ........................................... 34, 65
number of speeches and time allowed in Congress
(note) ...................................................... 34, 65
member introducing measure has right to close ..................... 34
list of undebatable questions ................................. 35, 66
motions that open the main question to ............................ 35
principles regulating the extent of (see note) .................... 35
decorum in .................................................... 36, 65
closing or limiting ........................................... 37, 58
Decorum in debate ............................................... 36, 65
Definitions of various terms [Introduction, p. 15].
Delegates, organization of a meeting of ............................. 47
Division of the assembly ............................................ 38
of questions [see Amendment] .................................. 4, 56a
Ecclesiastical Tribunals, legal rights of, p. 159.
Election of Officers ........................................... 46a, 47
Fix the time to which to Adjourn, motion to .................... 10, 63a
Floor, how to obtain ............................................. 2, 54
Forms of making motions ......................................... 46, 54
of stating and putting questions .............................. 38, 67
of announcing the result of a vote ............................ 38, 54
of reports of committees ...................................... 29, 53
of treasurers' reports ............................................ 52
of minutes of a meeting ....................................... 41, 51
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Forms-Continued.
of conducting an occasional or mass meeting ....................... 46
of conducting a meeting of delegates .............................. 47
of conduction a meeting to organize a society ..................... 48
of conducting an ordinary meeting of a society ................... 48b
Incidental questions ................................................. 8
Indefinite postponement ........................................ 24, 59b
Informal consideration of a question ................................ 33
Introduction of Business ....................................... 1-5, 54
Journal, or minutes ............................................. 41, 51
Legal Rights. See Assembly and Ecclesiastical Tribunals.
Lie on the table, motion to ............................... 19, 57b, 59c
Main question ........................................................ 6
Majority. See Two-thirds and Quorum.
Meeting, distinction between it and session ..................... 42, 70
[See also Introduction, page 15.]
how to conduct. See Forms.
Members not to be present during a debate or vote
concerning themselves ............................................. 36
trial of, p. 160.
Minority Report. See Committees.
Minutes, form and contents of ................................... 41, 51
Moderator. See Chairman.
Modification of a motion by the mover ................................ 5
Motions, list of. [For details, see each motion in the Index.]
Adjourn ...................................................... 11, 63b
Adjourn, Fix the time to which to ............................ 10, 63a
Amend ........................................................ 23, 56a
Adopt a report (same as accept or agree to) .................. 31, 46c
Appeal ....................................................... 14, 61e
Blanks, filling ................................................... 25
Call to order ................................................ 14, 61d
Close debate .................................................. 37, 58
Commit ....................................................... 22, 56b
Consideration of a question, objection to ................... 15, 59a
Divide the question ....................................... 4, 23, 56a
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Motions-Continued.
Extend the limits of debate ................................... 34, 65
Fix the time to which to adjourn ............................. 10, 63a
Incidental motions or questions .................................... 8
Indefinitely postpone ........................................ 24, 59b
Informal consideration of a question .............................. 33
Leave to continue speech when guilty of indecorum ................. 36
Leave to withdraw a motion ................................... 17, 62b
Lie on the table ........................................ 19, 57b, 59c
Limit Debate ................................................. 37, 58b
Main motions or questions .......................................... 6
Objection to the consideration of a question ................. 15, 59a
Order, questions of .......................................... 14, 61d
Orders of the day ............................................ 13, 61a
Orders, special .................................................. 61b
Postpone to a certain day .................................... 21, 57a
Postpone indefinitely ........................................ 24, 59b
Previous question ............................................ 20, 58a
Principal motions or questions ..................................... 6
Priority of Business, questions relating to ....................... 35
Privileged motions or questions .................................... 9
Privilege, questions of ...................................... 12, 62c
Reading papers ................................................ 16, 62
Reception of a report [see Committees] ....................... 30, 46c
Recommit [same as Commit] ..................................... 22, 56
Reconsider .................................................... 27, 60
Refer [same as Commit] ....................................... 22, 56b
Renewal of a motion ........................................... 26, 60
Rise [in committee, equals adjourn] ........................... 11, 32
Shall the question be considered? [or discussed] ............. 15, 59a
Special Order, to make a ......................................... 61b
Strike out [see Amendment] ................................... 23, 56a
Subsidiary motions or questions .................................... 7
Substitute (same as Amendment, which see) .................... 23, 56a
Suspension of the Rules ...................................... 18, 61c
Take from the table [see Lie on the table] ................... 19, 57b
Take up a question out of its proper order .................... 44, 72
Withdrawal of a motion ........................................ 17, 62
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Motions, tabular view of rules relating to, page 166.
classified according to their object .............................. 55
classified into Privileged, Incidental, Subsidiary, etc. ......... 6-9
order of precedence of [see each motion, Sec.Sec. 10-27] .......... 64
how to be made .......................................... 1, 2, 46, 54
a second required (with certain exceptions) .................... 3, 67
to be stated by chairman before being discussed ................ 3, 54
when to be in writing .......................................... 4, 54
how to be divided .................................................. 4
how to be modified by the mover ............................. 3, 5, 17
how to be stated and put to the question ...................... 38, 67
that cannot be amended ....................................... 23, 56a
that cannot be debated ........................................ 35, 66
that open main question to debate ................................. 35
that require two-thirds vote for their adoption ............... 39, 68
Nominations, how treated ....................................... 25, 46a
Numbers of paragraphs to be corrected by clerk without
a vote ............................................................ 23
Objection to the consideration (discussion or introduction
of a question ................................................ 15, 59a
Officers of an assembly. See Chairman, Clerk, Treasurer
and Vice-Presidents.
Order, questions of and a call to .............................. 14, 61d
of business ................................................... 44, 72
of the day ................................................... 13, 61a
distinction between, and rules of the assembly (note) .......... 61a
special .......................................................... 61b
of precedence of motions. See Precedence.
Organization of an occasional or mass meeting ...................... 46a
of a convention or assembly of delegates .......................... 47
of a permanent society ............................................ 48
Papers and documents, reading of ................................ 16, 62
in custody of clerk ........................................... 41, 51
Parliamentary Law, its origin, etc., (Introduction. p. 9.)
Plan of the Manual, (Introduction, page 12.)
of Part I, Rules of Order, (Introduction, page 13.)
of Part II, Organization and Conduct of Business,
(Introduction, page 14.)
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Postpone to a certain time ..................................... 21, 57a
indefinitely ................................................. 24, 59b
Preamble, considered after the rest of a paper ...................... 44
Precedence of motions [see each motion, Sec.Sec. 10-27] ............. 64
meaning of, (Introduction, page 14.)
Presiding Officer. See Chairman.
Previous Question .............................................. 20, 58a
Principal (or main) question ......................................... 6
Priority of Business, questions relating to are undebatable ......... 35
Privilege, questions of ........................................ 12, 62c
Privileged questions ................................................. 9
Putting the question, form of ................................... 38, 67
Questions. See Forms, Motions, Privilege and Order.
Quorum, when there is no rule, consists of a majority ............... 43
committees and boards cannot decide upon .......................... 43
Reading of Papers ............................................... 16, 62
Reception of a report. See Committees.
Re-commit (same as Commit) ..................................... 22, 56b
Reconsider ...................................................... 27, 60
Record, or minutes .............................................. 41, 51
Recording officer. See Clerk.
Refer [same as Commit] ......................................... 22, 56b
Renewal of a motion ............................................. 26, 60
Reports of committees. See Committees.
Rights of assemblies. See Assembly.
of ecclesiastical tribunals, p. 159.
Rise, motion to, in committee, equals adjourn ................... 11, 32
Rules of debate. See Debate.
of Order, amendment of ........................................ 45, 73
of Order, what they should contain ................................ 49
standing, what they should contain ................................ 49
suspension of ................................................ 18, 61c
relating to motions, tabular view of p. 166.
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Seconding, motions that do not require ........................... 3, 67
Secretary. See Clerk.
Session [See also Meeting] ...................................... 42, 70
Shall the question be considered (or discussed) ................ 15, 59a
Speaking, rules of, See Debate.
Special Order ...................................................... 61b
Standing Rules ...................................................... 49
Stating a question, form of ..................................... 38, 67
Strike out (see Amendment) ..................................... 23, 56a
Subsidiary motions or questions ...................................... 7
Substitute (see Amendment) ..................................... 23, 56a
Sum, largest, first put ............................................. 25
Suspension of the rules ........................................ 18, 61c
Table of Rules relating to motions, p. 166.
Take from the table, motion to ................................. 19, 57b
Time, longest, first put ............................................ 25
Treasurer, duties of ................................................ 52
Trial of Members, p. 160.
Two-thirds vote, motions requiring .............................. 39, 68
Undebatable Questions ........................................... 35, 66
Unfinished business, effect of adjournment upon ................. 11, 69
its place in the order of business ............................ 44, 72
Vice-Presidents .................................................... 46d
Vote, form of announcing [see also Forms] ....................... 38, 54
motions requiring more than a majority ........................ 39, 68
change of, permitted before result is announced ................... 38
Voting, various methods of .......................................... 38
Withdrawal of a motion .......................................... 17, 62
Yeas and Nays, voting by ............................................ 38
Yields, meaning of, (Introduction, page 14.)
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