# Robert's Parliamentary Practice/Chapter 14

CHAPTER XIV.
INCIDENTAL MOTIONS.
Questions of Order. Appeal. Suspension of the Rules. Objection to the Consideration of a Question. Division of a Question. Consideration by Paragraph or Seriatim. Motions relating to Nominations. Motions relating to Voting. Division of the Assembly. Requests, as Parliamentary Inquiry, etc.
Incidental Motions are such as arise out of the business of the assembly; or out of another question which is pending, and therefore take precedence of, and must be decided before, the question out of which they arise; or, out of a question that has just been pending and should be decided before any other business is taken up. They are undebatable, except an appeal under certain circumstances, as shown on page 93. Most of them are of such a nature that they cannot be amended. Amend is the only subsidiary motion that can be applied to any of them except to an appeal. They are in order whenever they are legitimately incidental at the time they are made. They have no relative rank among themselves. The ​motions following include most of the incidental motions that may arise:
Questions of Order. It is the duty of the presiding officer to enforce the rules of the assembly without debate or delay. Any member who notices a breach of a rule may insist upon its enforcement by rising and saying, "Mr. Chairman, I rise to a point of order," If the breach of order occurs while one is speaking, the speaker immediately takes his seat and the chairman requests the objector to state his point of order, which he does and resumes his seat. The chair decides the point and then, if no appeal is taken and the speaker has not been guilty of any serious breach of decorum, the chair permits him to resume his speech. If his remarks are decided to be improper and any one objects to his continuing his speech, the chairman immediately puts the question, "Shall Mr. ——— be permitted to continue speaking?" The question of order must be raised at the time of the breach of order, excepting in case of a violation of the by-laws or standing rules of the organization. Raising a point of order does not require a second.
Appeal. An appeal may be made from any decision of the chair (except when another appeal is pending) but it can be made only at the time the ruling is made. It is in order while another member has the floor. An answer to a parliamentary inquiry is not a decision and therefore cannot be appealed from. An appeal cannot be amended. It cannot be debated ​when it relates simply to indecorum, or to the transgression of the rules of speaking, or to the priority of business; or if it is made while the immediately pending question is undebatable. In all other cases it is debatable. When debatable no member is allowed to speak more than once except the presiding officer who may at the close of the debate answer the arguments against his decision. Whether debatable or not, the chairman when stating the question on the appeal may, without leaving his chair, state the reasons for his decision. After the chair has clearly stated his decision from which the appeal is made, the question is put to the assembly in this form: "The question is, Shall the decision of the chair stand as the judgment of the assembly [or society, or club, etc.] ? As many as are in the affirmative [or, of an affirmative opinion] say Aye. Those in the negative [or, those of a contrary opinion] say No." If the ayes are in the majority, he announces the vote thus, "The ayes have it, and the decision of the chair stands as the judgment of the assembly [or, is sustained]." If the vote is a tie it is announced thus, 'There is a tie and the decision of the chair stands," etc. If the noes are only one more than the ayes, the chair may vote Aye, thus making the vote a tie, and announce the decision of the chair sustained, because it requires a majority vote including the chairman's, to reverse his decision.
Suspension of the Rules. The rules of the ​assembly relating to the conduct of business may be suspended by a two-thirds vote, provided that no rule that protects absentees or a minority smaller than one-third, is suspended. The form of the motion is, "I move to suspend the rules which interfere with," etc., stating the object of the suspension, as, "the consideration of a resolution on ———," which resolution is offered immediately after the rules are suspended. If it is desired to take up a question out of its proper order, the motion is made in this form, "I move to suspend the rules and take up [or consider] the resolution ———" [see page 130]. When the object is to introduce a motion and to adopt it without discussion the following form is used: "I move to suspend the rules and adopt the following resolution ——— [or the resolution on ———]." This motion cannot be debated or amended and requires a two-thirds vote for its adoption. The rules suspended are only those which interfere with the specified object.
Instead of a formal motion to suspend the rules, it is more usual to ask for general consent to do the particular business that is out of order. As soon as the request is made the chair inquires if there is any objection, and if no one objects, he directs the member to proceed just as if the rules had been suspended by a formal vote. Standing rules may be suspended by a majority vote.
Objection to the Consideration of a Question. Objection to any original main motion may be made ​by any member before it has been debated or any subsidiary motion has been stated upon it. He rises and says, "Mr. Chairman, I object to the consideration of the question." The chairman immediately says, "The consideration of the question is objected to. Will the assembly consider it? As many as are in favor of the consideration," etc. It cannot be debated or amended. If decided in the negative by a two-thirds vote, the whole matter is dismissed for that session; otherwise the discussion continues as if the objection had never been made. If the objection is sustained the question may be introduced at any succeeding session. This objection to the consideration of a question must not be confused with objecting where unanimous consent is requested.
Division of a Question. If a motion includes several independent resolutions, it must be divided on the demand or request of a single member so that the resolutions may be acted upon separately. If a main motion or an amendment contains two or more parts each of which is capable of standing as a complete proposition if the others are removed, it can be divided into two or more propositions to be considered and voted on as distinct questions by the assembly's adopting a motion to divide the question in a specified manner. This motion can be made at any time when the question to be divided or the motion to postpone indefinitely is immediately pending, even after the previous question has been ordered. When ​divided, the motion to adopt, or to postpone indefinitely, which is pending, applies to all the parts into which the question has been divided and therefore should not be repeated. This motion may be amended but not debated. Questions are usually divided, however, by general consent without the formality of motions and votes. [See R. O. R., page 89.]
Consideration by Paragraph or Seriatim. In acting upon by-laws, or on resolutions that are closely related to each other, instead of dividing the question, the proper course is to vote "to consider them by paragraph [or seriatim]," and then, after the separate paragraphs are satisfactorily amended, take a single vote on adopting the by-laws or resolutions. [See R. O. R., page 93.] In the case of by-laws the consequences of adopting paragraphs separately are very serious since each paragraph goes into effect immediately and cannot be reconsidered. The term paragraph may be replaced by article, section, resolution, etc.
Motions Relating to Nominations. If the rules of the society do not prescribe methods of making nominations, they may be made by the chair, or from the floor, or by committee, or by ballot, as the assembly decides. If nominations are made by a committee additional nominations may be made from the floor when the committee reports. If made by the chair or by ballot, additional nominations cannot be made ​from the floor. When made by the chair, however it is in order to move to strike out the name of any nominee, and if adopted, the chair must replace it by another name. When nominations are made from the floor, no one can nominate more than one member of a committee or delegation if objection is made until every member has had an opportunity to make a nomination. Motions prescribing the method of nomination may be amended but not debated.
When nominations are from the floor and no more are being made, the chair asks, "Are there any more nominations?" If there is no response he continues, "Mr. A, Mr. B, and Mr. C are nominated. As many as are in favor of Mr. A," &c. If there are more votes for Mr. A than against him he says, "The ayes have it and Mr. A is elected." If the noes are in the majority he says, "The noes have it and Mr. A is not elected. As many as are in favor of Mr. B," &c. The motion to close nominations is not in order until every one has had a reasonable time to make a nomination. A two-thirds vote is required for its adoption, and in ordinary assemblies the motion should not be made since the chair is usually best able to judge as to the time when nominations should be closed. Nominations may be reopened by a majority vote. These motions closing and reopening the nominations may be amended, but not debated.
Motions Relating to Voting. While voting is usually done by ayes and noes, or in some small bodies ​by show of hands, the assembly has a right to order the vote taken by any method it sees fit. The motion prescribing the method may be amended but it cannot be debated. The usual methods are described under Voting.
Division of the Assembly. When a vote has been taken viva voce or by show of hands, any member can compel it to be taken again by a rising vote, by saying, "I call for a division," or by simply calling out "Division." The call must be made immediately after the vote is taken and before another question is stated by the chair. It does not require a second nor can any subsidiary motion be applied to it. As soon as a division is called for, the vote is again taken, this time by rising, the affirmative rising first. If it is not easy to decide which side has it, the chair counts the vote, or has the count made by the secretary or tellers. By a majority vote the assembly may order a count by tellers.
The calling for a division does not imply any doubt as to the correctness of the chair's announcement of the vote, but merely shows that the member making the call doubts that the vote is the correct expression of the opinion of the assembly which may be due to the neglect of members to vote. The chair may have the vote taken by rising whenever necessary to enable him to declare the result correctly. He saves time ​usually by taking a rising vote on questions requiring a two-thirds vote.
Requests Growing Out of the Business of the Assembly. During the meeting of a deliberative assembly there are occasions when members wish to obtain information, or to do or to have done things that necessitate their making a request. When any request is to be made the member rises and addresses the chair, and as soon as he secures the chairman's attention states why he rises. He should rise as soon as a member yields the floor and, though the floor is assigned to another, he still makes his request. He should never interrupt a member while speaking unless he is sure that the urgency of the case demands it. As a rule all such questions are settled by general consent, or informally, but if objection is made a vote is taken. An explanation may be requested or given, but there is no debate. As these requests arise, they should be treated so as to interrupt the proceedings as little as is consistent with the demands of justice. Among these requests are the following:
(a) Parliamentary Inquiry. When a member needs information as to what motion to make to accomplish a certain object, or as to the effect of a certain motion, etc., he rises and without obtaining the floor, says, "Mr. Chairman, I rise to a parliamentary inquiry." The chairman asks him to state his inquiry, and if he considers it proper, answers the question. If the inquiry is made when another has ​the floor and there is no necessity for answering it immediately, the chair may defer his answer until the speaker has closed his remarks. It is not the duty of the chairman to answer questions of parliamentary law in general. If, however, a member asks for information that may be necessary to enable him to make a suitable motion, or to raise a point of order, or to vote intelligently, it is the duty of the chairman to answer the question.
(b) Request for Information. A request for information relating to the pending business is treated just as a parliamentary inquiry and has the same privileges. The inquirer rises and says, "Mr. Chairman, I rise for information"; or if the information is desired of the speaker instead of the chair, the inquirer upon rising, says, "Mr. Chairman, I should like to ask the gentleman a question." If the speaker consents to being interrupted, the inquirer asks his question through the chair. Though each speaker addresses the chair, the chair remains silent during the conversation. If the speaker consents to the interruption, the time consumed is taken out of his time.
(c) Leave to Withdraw or Modify a Motion. Until a motion is stated by the chair, the mover may withdraw or modify it without asking consent of any one. If he modifies it, the seconder may withdraw his second. After the question has been stated it is in the possession of the assembly, and he can neither withdraw nor modify it without the consent of the ​assembly. This consent is usually given informally but if any one objects it is necessary for a motion to be adopted granting the desired permission. When an amendment is moved the mover of the original motion may say, "Mr. Chairman, I accept the amendment." If no objection is made, the chair announces the question as amended. If any one objects, the chair states the question on the amendment.
(d) Reading Papers. A member may read from any printed or written document as a part of his speech, but if objection is made, he cannot continue reading unless the assembly grants him permission. An objection should never be made unless a member is making an improper use of his privilege.
(e) To Be Excused from a Duty. After a member has accepted an office or membership on a committee, he cannot relieve himself from the responsibility of such service until the society has accepted his resignation, or has had a reasonable opportunity to accept it and to fill the vacancy. A member accepts an office if he does not decline it at the first opportunity.
Practice Work.
(1) What are Incidental Motions? Have they any relative rank? When are they in order?
(2) When should a Question of Order be raised?
(3) When must an Appeal be made? What privilege in speaking on an appeal has the chairman over members of the assembly? Why?
​(4) Give the complete form for putting the question on an appeal after the chair has clearly stated his decision from which the appeal is made. How may the chairman's vote affect the result?
(5) Suspension of the Rules: What kind of rules can be suspended? What vote is required? Where in a preceding drill has the same result been achieved by general consent?
(6) Objection to the Consideration of a Question: Can this motion be adopted after debate on the question? Give the form for stating the question.
(7) Division of a Question: Does this require a second? What kind of questions may be divided? Consideration by Paragraph or Seriatim: In acting upon by-laws why should not the separate paragraphs be adopted as soon as their amendment is completed?
(8) Motions relating to Nominations: Show how a person may be nominated for an office and never be voted on for that office.
(9) Division of the Assembly: What does the simple calling out the word "Division" demand after a vote has been taken viva voce? Suggest an occasion for this. Point out the difference between Division of a Question and Division of the Assembly.
(10) Requests growing out of the Business of the Assembly:
(b) Request for Information: Give the form.
(c) Leave to Withdraw or Modify a Motion: At what point is it not in the power of the mover of the motion to withdraw or modify his motion?
(d) Reading Papers: Why should there be any check on reading papers?
* ↑ Pronounced sē-ri-ā tim.
* ↑ Pronounced vi’va vo’sē.