PARLIAMENTARY PRACTICE. 



139 



experience and many tests in bodies most competent 

 to comprehend what is necessary. It is based upon 

 the principles of equity and is intended to guarantee 

 justice to the entire body and to the individual, and, 

 so, is specially valuable for its power to protect the 

 minority and even of the humblest member. 



The general principles of parliamentary law are to 

 be gathered from the fixed rules and established usages 

 of deliberative bodies of great dignity and authority. 

 Hence the highest deliberative body in the land is 

 usually recognized as the standard authority in parlia- 

 mentary matters. Thus, in Great Britain the British 

 parliament is so considered, and other bodies, whether 

 secular or sacred, model their conduct upon the exam- 

 ple set by the Houses of Parliament. Just as many 

 of the laws in force in the United States run back to 

 Britain, so the parliamentary law of this country is 

 based upon the practice of the British Parliament ; 

 but, as the laws of the United States, though uriirinaJly 

 based upon those of England, have, througli the 

 course ot years since the separation from the mother 

 country, and because of our peculiar needs, become 

 greatly modified, so, through different demands spring- 

 ing from changed circumstances, there have grown up 

 practices in American parliamentary bodies which dif- 

 fer from the English, and, as these developments are 

 peculiarly American, they give us what, in contradis- 

 tinction from the British, may be termed American 

 parliamentary law. 



Variations in practice may be found in different 

 bodies, even in the United States ; but, notwithstand- 

 ing these variations, there are certain general princi- 

 ples which are recognized everywhere throughout the 

 land, and these general principles may be termed 

 American common parliamentary law. These prin- 

 ciples have been collated by certain recognized author- 

 ities on parliamentary law, and they are sometimes 

 styled Parliamentary Practice, Rules of Order, or the 

 Law and Practice ot Legislative Assemblies. Thomas 

 Jefferson, in his Manual of Parliamentary Practice, 

 prepared when he presided over the Senate, did much 

 to formulate the principles and spread the knowledge 

 of American parliamentary law, and the rules of prac- 

 tice in his manual are to-day recognized by Congress 

 " in all cases to which they are applicable, and in 

 which they are not inconsistent with " other rules sub- 

 sequently made. Many other writers have presented 

 the later modifications in parliamentary practice. 



Deliberative bodies, including the Congress of the 

 United States, usually adopt rules for their own gov- 

 ernment, at least special rules which appear to be de- 

 manded by the peculiarities of their work or the pecu- 

 liar purposes of their organization ; but, where no 

 such special rules exist, or when points arise to which 

 their rules do not apply, the body is bound to obey 

 general usage or, in other words, common parliamen- 

 tary law. l<'or the same reason, until :in assembly 

 adopts rules and orders, it is governed, and its pro- 

 ceedings are regulated, by the common parliamentary 

 law. Even the national House of Representatives 

 would come under this rule. Hence, where the gen- 

 eral principles of parliamentary practice are well un- 

 derstood it may only be necessary to formulate a few 

 specific rules to provide for peculiar circumstances. 

 Sometimes the rules adopted vary from common par- 

 liamentary law which is broader even than congres- 

 sional practice in some instances. 



The organization of a parliamentary body implies a 

 presiding officer who may be called a president, 

 speaker, moderator, chairman, or who may be known 

 by some other name, whose duty it is to see that the 

 business is conducted in an orderly manner. It also 

 implies a body of members who present, discuss, and 

 decide the various propositions brought before the 

 assembly. 



Business is introduced under the form of motions 

 or resolutions. In a parliamentary sense a motion is a 

 formally worded proposition presented in a deliberative 



body for its consideration and decision. The member 

 offering it says: "I move," etc. The resolution is a 

 more formally worded proposition and begins with the 

 word ' ' Resolved. ' ' The questions are decided by vote, 

 and usually a majority vote determines the judgment 

 of the house. In a few exceptional instances a dif- 

 ferent vote is required. The form of voting varies. 

 Sometimes it is by voice, sometimes by show of hands, 

 sometimes by counting the members as they stand, 

 and sometimes by ballot. 



In putting a question, the usual form is for the pre- 

 siding officer to say : " The question is on the adoption 

 of the motion (or resolution) which you have just 

 heard. As many as are in favor of its adoption will 

 say Aye." The ayes having voted ; he will then say : 

 "As many as are of a contrary opinion will say No," 

 or "All opposed will say No." The chair, judging 

 from a comparative estimate of the number of voices 

 heard, will then announce the result, stating that the 

 motion has been carried or lost, as the case may be. 

 Where a hand-vote is customary, the hands are raised 

 for or against in the same manner. The voice- and 

 hand-votes are not precise but only approximate. The 

 presiding officer is governed by the voices he hears or 

 by the hands he sees ; but, frequently, it is impossible 

 for him to say positively how many voted on one side 

 or the other, or even to say which side predominates. 

 Where the chair is in doubt, he may ask the members 

 to rise and stand until counted, and by this exact 

 method determine the precise number voting on each 

 side. This method, which is termed a division of the 

 house, must be resorted to on the demand of any mem- 

 ber, if the member expresses a doubt as to the accuracy 

 of the judgment of the chair on a voice- or hand-vote. 

 The proper procedure is for the member doubting to 

 rise and say, " Mr. President, I call for a division of 

 the house." Whereupon the chair will say, "A di- 

 vision is called for. Those in favor of the motion (er 

 resolution) will rise and stand until counted. " In a 

 similar way he will take the opposite. By such a 

 division the exact vote on each side will be ascertained, 

 and the chair will announce his decision accordingly, 

 even if it reverses his former opinion. 



lii taking a division the members, as they stand in 

 their places, are sometimes counted by the presiding 

 officer and sometimes by the secretary or clerk. More 

 than one person should count in order to ensure accu- 

 racy. 



Another form of dividing is that of passing in file 

 between tellers. In this method the speaker appoints 

 two tellers, one from each side of the question. These 

 tellers take positions in the space in front of the pre- 

 siding officer, and the members pass in single file be- 

 tween them, those on the affirmative side passing first 

 and then those on the negative. 



Another method of voting is that of taking the yeas 

 and nays, so that each member shall answer when his 

 name is called, and have his vote recorded. In Con- 

 gress the vote must be so taken when the call is sus- 

 tained by_ one-fifth of those present. 



Sometimes voting is by ballot. This method is 

 resorted to when the rule of the body requires it, and 

 is quite common in the election of officers, in the 

 admission of members into societies, and also when 

 secrecy is desired. Sometimes white balls and black 

 balls are used ; at other times slips of paper are em- 

 ployed. 



If the speaker is a member of the body he has a 

 right to vote, but he does not ordinarily do so unless 

 his vote would be decisive. The rule of the U. 8. 

 House of Representatives is that the Speaker "shall 

 not be required to vote in ordinary legislative proceed- 

 ings, except where his vote would be decisive, or where 

 the House is engaged in voting by ballot." 



Motions generally are debatable; a few are not. 

 Most motions require only a majority vote, but a few 

 require a larger vote. 



After a motion has been made other motions bearing 



