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Art. IX. Committees and Boards
- 49. Committees Classified
- 50. Boards of Managers, etc., and Executive
Committees
- 51. Ex-Officio Members of Boards and Committees
- 52. Committees, Special and Standing
- 53. Reception of Reports
- 54. Adoption or Acceptance of Reports
- 55. Committee of the Whole
- 56. As if in Committee of the Whole
- 57. Informal Consideration
49. Committees Classified. A Committee is
a body of one or more persons appointed or elected by an assembly or society to
consider, or investigate, or take action in regard to, certain matters or
subjects, or to do all of these things. Committees may be divided into two
distinct classes:
(1) Boards of Managers or Directors, Boards of Trustees, Executive
Committees, etc.
(2) Ordinary Committees, Special or Standing, and Committee of the Whole and
its substitutes.
These different kinds of committees are considered separately in the
following five sections.
50. Boards of Managers or Directors, Boards of
Trustees, Executive Committees, etc. Committees of this class are
essentially small deliberative assemblies, subordinate to the body that appoints
them, with their duties and authority, and the number of their regular meetings
and their quorums, defined by the parent body, or by its authority. Boards or
Committees of this class are usually appointed by organizations that meet only
annually or quarterly. With such an organization it is customary and necessary
to delegate to a committee, usually known as the Board of Managers or Directors,
all its authority, with slight limitations, to be exercised between its
meetings. The by-laws of the Board are adopted by the parent body, or the Board
may be authorized to adopt its own by-laws. It is usual to authorize the Board
to appoint from its membership an Executive Committee of a specified number who
shall have all the power of the Board between the meetings of the Board, just as
the Board has all the power of the Society between the meetings of the Society,
except that the subordinate body cannot modify any action taken by its superior.
The Executive Committee should be small and the members should live near enough
each other to be able to have frequent regular meetings, besides special
meetings in emergencies. Where the organization is local, such as a society for
sustaining an orphan asylum, the Board of Managers usually divides itself into
committees having charge of different branches of the work during the intervals
between the monthly or quarterly meetings of the Board, when these committees
report on the work done. It is seldom that resolutions or other matters are
referred to boards or committees of this class for them to report back to the
society with recommendations. If papers are referred to them it is usually for
their information and action. They are organized as any other deliberative
assembly with a chairman and a secretary, whom they elect if they are not
appointed by the society. Frequently the by-laws of the society make its
president and its corresponding, or executive secretary, ex-officio, [51] president and secretary of the Board of Managers.
In large boards business is transacted the same as in
the society meetings; but in small boards the same formality is not necessary or
usual, the informality observed by committees being generally allowed. In a
board meeting where there are not more than about a dozen present, for instance,
it is not necessary to rise in order to make a motion, nor to wait for
recognition by the chair before speaking or making a motion, nor for a motion to
have a second; nor is there any limit to the number of speeches, nor does the
chairman leave the chair when making a motion or discussing a question. The
formalities necessary in order to transact business in a large assembly would
hinder business in so small a body.
Boards are often constituted so that the term of office
of, say, one-third of its members expires each year. After each annual meeting
in such case, the board elects new officers and committees, the same as if the
entire board had been re-elected. All unfinished business falls to the ground
when the new board is elected.
It is customary for the by-laws to require an annual
report from the Board of Managers, which usually gives a brief account of its
doings for the year with recommendations for the future. After discussion, and
amendment if necessary, the report is usually adopted by the society and
published in its annual proceedings as the report of the board. In such a case,
care should be taken in publishing it to inclose in brackets all that has been
struck out, and to put in italics whatever has been inserted, and to insert a
note to that effect at the beginning of the report, so that exactly what the
board recommended can readily be seen. The minutes should read thus: "The
Board of Managers submitted its report which after discussion and amendment was
adopted as follows, the words in brackets having been struck out and those
underscored (in italics) having been inserted before the report was adopted."
The society cannot alter the report of the board. It may decline to indorse it,
or even to allow it to be printed, but it cannot make it appear that the board
stated anything different from what it has reported. By the above plan is shown
exactly what the board reported and what the society adopted, or endorsed.
51. Ex-Officio Members of Boards and
Committees. Frequently boards and committees contain some members who are
members by virtue of their office, and, therefore, are termed ex-officio
members. When such a member ceases to hold the office his membership of the
board terminates automatically. If the ex-officio member is under the control of
the society, there is no distinction between him and the other members except
where the president is ex-officio member of all committees, in which case it is
evidently the intention to permit, not to require, him to act as a member of the
various committees, and therefore in counting a quorum he should not be counted
as a member. The president is not a member of any committee except by virtue of
a special rule, unless he is so appointed by the assembly. If the ex-officio
member is not under the authority of the society, he has all the privileges,
including the right to vote, but none of the obligations of membership; as when
the governor of a state is, ex-officio, a manager or a trustee of a private
academy.
52. Committees, Special and Standing. It
is usual in deliberative assemblies, to have all preliminary work in the
preparation of matter for their action done by means of committees. The
committee may be either a "standing committee," appointed for a
definite time, as a session or a year; or a "special [or select] committee,"
appointed for a special purpose; or a "committee of the whole"
consisting of the entire assembly. [For method of appointing committees of the
whole, see 55; other committees, see Commit, 32.] Committees of the whole are not used much
except in legislative bodies, and when the word committees is used in this
Manual, unless specified to the contrary, standing or special committees are
meant. Unless the assembly has appointed a chairman, either directly or through
its presiding officer, the first named on a committee, and in his absence the
next named member, becomes chairman, and so on and should act as such unless the
committee by a majority of its number elects a chairman, which it has the right
to do if the assembly has not appointed one, and which a standing committee
usually does. The clerk should furnish him, or, in his absence, some other
member of the committee, with notice of the appointment of the committee, the
names of the members, the papers or matter referred to it, and such instructions
as the assembly has decided upon. Upon the committee's request, all papers and
books necessary for the proper performance of its duties should be turned over
to it by the proper officers.
It is the duty of the chairman to call the committee
together, but, if he is absent, or neglects or declines to call a meeting of the
committee? it is the duty of the committee to meet on the call of any two of its
members. In small special committees the chairman usually acts as secretary, but
in large ones and in all standing committees, it is customary to elect a
secretary, who keeps a brief memorandum of what is done, for the use of the
committee. Members of the society have a right to appear at the committee
meetings and present their views on the subject before it at such reasonable
times as, upon request, the committee may appoint. But during the deliberations
of the committee no one has a right to be present, except members of the
committee.
The rules of the assembly, as far as possible, apply to
the committee, but motions to close or limit debate are not allowed, and there
is no limit to the number of times a member may speak, and unless the committee
is very large, it is not necessary for any one to rise and address the chair
before making a motion or speaking, nor does the chairman rise to put the
question, nor does he leave the chair to speak or make motions, nor are motions
seconded. These formalities are unnecessary because the committee is so small,
but, unless agreed to by general consent, all questions must be put to vote.
Instead of the chairman's abstaining from speaking on questions, he is, usually,
the most active participant in the discussions and work of the committee. In
order that the assembly may have the benefit of the matured judgment of the
committee, a reconsideration of a vote must be allowed regardless of the time
and of previous reconsideration, and it may be moved by any one who did not vote
with the minority, even if he was absent when the previous vote was taken; but
it shall require a two-thirds vote for its adoption unless every member who
voted with the majority is either present or received ample notice of the
meeting and that the reconsideration was to be moved. This prevents taking
advantage of the absence of members to reverse action, and enables members who
were absent to bring up the question of reconsideration.
The committee constitute a miniature assembly, being
able to act only when a quorum (a majority of the members) is present. If a
paper is referred to them, they must not write on it, but should write their
amendments on a separate sheet. If the amendments are numerous it is better to
write out a substitute and submit it. If a resolution is referred to a committee
while a motion to postpone indefinitely is pending, only the resolution is
referred to the committee, the motion to postpone indefinitely being ignored. If
amendments are pending they go to the committee, who may recommend their
adoption or rejection, or make no recommendation in regard to them. If the
committee originate the paper, all amendments must be incorporated in it. When
they originate it, usually one member has previously prepared a draft, which is
read entirely through, and then read by paragraphs, the chairman pausing after
each paragraph, and asking: "Are there any amendments proposed to this
paragraph?" No vote is taken on the adoption of the separate paragraphs;
but, after the whole paper has been read in this way, it is open to amendment
generally, by striking out any paragraph, or by substituting or inserting new
ones, or by substituting an entirely new paper for it. If there is a preamble it
is considered last. When the entire paper has been amended to suit the
committee, they should adopt it as their report, and direct the chairman or some
other member to report it to the assembly. When committees are appointed to
investigate, or to report upon, certain matters, the report should close with,
or be accompanied by, formal resolutions covering all recommendations, so that
when their report is made no motion is necessary except to adopt the
resolutions.
If the report is written in this form, "Your
committee are of the opinion that Mr. A's bill should be paid," there might
be some doubt as to the effect of the adoption of the recommendation or the
report. The report should close with a recommendation that the following order
be adopted: "Ordered, That the treasurer pay Mr. A's bill for $10.15."
If a report recommends that charges be preferred against Mr. B, it should close
with recommending the adoption of resolutions, which should be written out,
providing for holding an adjourned meeting, and for citing the member to appear
at the adjourned meeting for trial on charges that must be specified. These
should be prepared by the committee and submitted as a part of their report. The
committee should never leave to others the responsibility of preparing
resolutions to carry out their recommendations. They should consider this as one
of their most important duties.
When the report has been adopted by the committee a
clear copy is made, usually commencing in a style similar to this: "The
committee to whom was referred (state the matter referred), beg leave to submit
the following report ;" or, "Your committee appointed to (specify the
object), respectfully report," etc. If the report is of much importance it
should be signed by all the members concurring in the report; but when it is of
little importance, or merely recommends amendments, etc., it may be signed by
the chairman alone, his signature being followed by the word "Chairman."
He should not, however, place "Chairman" after his signature except
when he signs the report alone and by the authority of the committee. The report
must always be in the third person though written and signed by only one. The
signature may be preceded by the words, "Respectfully submitted," but
it is not necessary. Usually the report is not dated or addressed, and sometimes
it consists merely of a resolution, or a set of resolutions. In the latter case
the chairman states he is instructed by the committee to submit and to move the
adoption of the resolutions. The report of the majority is the report of the
committee and should never be referred to as the majority report.
If the minority submit a report, (or more properly,
their "views,") it may commence thus: "The undersigned, a
minority of the committee appointed, etc., not agreeing with the majority,
desire to express their views in the case." After the committee's report
has been read and the motion to adopt has been made and the question stated, it
is usual to allow the minority to present their views, but if any one objects to
its reception the chair should put the question to vote on its being received.
It requires a majority vote to receive it, the question being undebatable. When
the minority report is read it is for information, and it cannot be acted upon
except by a motion to substitute it for the report of the committee. Whether the
views of the minority are read or not, any one can move to substitute the
resolutions they recommend for those recommended by the committee. Where the
minority cannot agree, each member may submit his views separately. In some
cases a member agrees to the report with a single exception, in which case
instead of submitting his views separately, after all have signed who agree to
the report he may write that he agrees to the report except the part which he
specifies, and then sign the statement.
The committee's report1
can contain only that which has been agreed to by a majority vote at a meeting
of which every member has been notified, or at an adjourned meeting thereof (a
quorum, a majority of the members, being present), except where it is
impracticable to have a meeting of the committee, when it may contain what is
agreed to by every member. If a committee is appointed from different sections
of the country with the expectation that its work will be done by
correspondence, its report can contain only what is agreed to by a majority of
the members.
A committee, except a committee of the whole, can
appoint a sub-committee which, however, reports to the committee, and never to
the assembly. This sub-committee must consist of members of the committee,
except in cases where the committee is appointed to take action that requires
the assistance of others, as to make arrangements for holding a bazaar. In such
a case it is best to appoint the committee with power to appoint such
subcommittees as are required; or, as is frequently done, to appoint the
committee "with power," which means with power to take all the steps
necessary to carry out its instructions. A committee has no power to punish its
members for disorderly conduct, its recourse being to report the facts to the
assembly. No allusion can be made in the assembly to what has occurred during
the deliberations of the committee, unless it is by a report of the committee or
by general consent. When a special committee is through with the business
assigned it, a motion is made for the committee to "rise" (which is
equivalent to the motion to adjourn without day), and that the chairman (or some
member who is more familiar with the subject) make its report to the assembly. A
special committee ceases to exist as soon as the assembly receives its report.
When a committee adjourns without appointing a time for the next meeting, it is
considered as having adjourned at the call of the chair, so that all the
meetings of a special committee constitute one session. A meeting of a special
committee may be called at any time by the chairman or by any two of its
members, every member being notified. When a committee adjourns to meet at
another time, it is not necessary (though usually advisable) that absent members
should be notified of the adjourned meeting.
A standing committee is either wholly, or partially,
elected at each annual meeting in ordinary societies, and immediately thereafter
it reorganizes by electing a chairman (unless he has been appointed by the
assembly) and a secretary. Therefore, a standing committee must report at the
annual meeting, or before, on everything referred to it during the year. The
motion to rise is never used in standing committees or boards, nor is it used in
other committees except when the committee is ready to report so that it will
never meet again. A special committee is appointed for a specific purpose, and
until the duty assigned it by the society is accomplished it continues to exist,
unless sooner discharged, which requires a two-thirds vote if done without
notice being given. The fact that an annual meeting has intervened does not
discharge a special committee appointed by a society. But in an elected or
appointed body, as a convention, special committees that have not reported cease
to exist when the new officers assume their duties at the next annual meeting.
When discharged, the chairman of the committee returns to the secretary all
documents received from him.
While in small assemblies, especially in those where
but little business is done, there is not much need of committees, in large
assemblies, or in those doing a great deal of business, committees are of the
utmost importance. When a committee is properly selected, in nine cases out of
ten its action decides that of the assembly. A committee for action
should be small, and consist only of those heartily in favor of the proposed
action. If one not in sympathy with it is appointed. he should ask to be
excused. A committee for deliberation or investigation, on the contrary, should
be large, and represent all parties in the assembly, so that its opinion will
carry with it as great weight as possible. The usefulness of the committee will
be greatly impaired if any important faction of the assembly is unrepresented on
the committee. The appointment of a committee is fully explained in 32.
____
1. In Congress nothing can be "the
report of the committee but what has been agreed to ln committee actually
assembled," so that a report signed by a majority of a committee acting
separately was ruled out. In some societies, however, it is often impracticable
to have regular committee meetings with a majority present.
53. Reception of reports. When there is a
place in the order of business provided for reports of committees, they are not
made until they are called for by the chair. Upon the arrival of the time for
these reports, the chair calls for the reports of such officers and standing
committees as are required to make reports, in the order in which they are
arranged in the rules; after which he calls for the reports of the special
committees in the order of their appointment. When called upon, the reporting
member (who is the chairman of the committee unless another member is appointed
to make the report) rises and addresses the chair, and, when recognized, reads
the report and hands it to the presiding officer, or the secretary, and, when
necessary, moves its adoption or acceptance as explained in the next section. If
the committee reports back a paper with amendments, the amendments are read with
sufficient of the related parts to make them understood. If it is desired to
have a report made earlier than the rules allow, it can be done, by a two-thirds
vote, by suspending the rules [22] and
receiving the report at once.
If the order of business makes no provision for the
report of the committee, the reporting member, when ready to report, obtains the
floor when no business is pending, and informs the assembly that the committee
to which was referred such a subject or paper has agreed upon a report which he
is now prepared to submit. If the chair thinks the assembly wishes to hear the
report he directs him to proceed, whereupon he reads the report and hands it to
the chairman and makes the proper motion for its disposal. If before it is read
any one objects to its reception, or if the chair is in doubt as to whether it
should be received now, he puts to the assembly the question, "Shall the
report be received now?" It requires a majority vote to receive it, and the
question is undebatable. If the vote is in the negative, a time for the
reception of the report should be appointed either by a vote or by general
consent. Usually no motions are made or votes taken in regard to receiving
reports, these matters being all settled informally by general consent.
If the report is a final one, when the assembly has
received the report the committee has completed its work, and, without any
motion, it is automatically discharged from further consideration of the
subject, and, if it is a special committee, it ceases to exist. If the report is
only a partial one the committee is not discharged unless the assembly so votes.
If the subject is recommitted the committee is revived (unless the reference is
to another committee), and all parts of the report that have not been adopted by
the assembly are ignored by the committee as if the report had never been made.
If any member or members wish to submit the views of the minority it is
customary to receive such a report immediately after receiving the report of the
committee. In such case the reporting member should notify the assembly that the
views of the minority will be submitted in a separate paper. As soon as the
chair has stated the question on the report, he should call for the views of the
minority, which are then read for information. They cannot be acted upon unless
it is moved to substitute them for the committee's report, or rather to
substitute the recommendations of the minority for those of the committee.
A very common error is, after a report has been read, to
move that it be received, whereas the fact that it has been read shows that it
has been already received by the assembly. Another mistake, less common, but
dangerous, is to vote that the report be accepted, which is equivalent to
adopting it [see next section], when the intention is only to have the report up
for consideration and afterwards to vote on its adoption.
54. Adoption or Acceptance of Reports.
When the report of a committee has been received, that is, has been presented to
the assembly and either read or handed to the chair or the secretary, the next
business in order is the disposal of the report, the proper disposition
depending upon its nature.
(1) If the report contains only a
statement of fact or opinion for the information of the assembly, the reporting
member makes no motion for its disposal, as there is no necessity for action on
the report. But if any action is taken, the proper motion, which should be made
by some one else, is to "accept the report," which has the effect of
endorsing the statement and making the assembly assume responsibility for it.
If it is a financial report, as in case of a board of
trustees or a treasurer, it should be referred to an auditing committee, as the
vote to accept the report does not endorse the accuracy of the figures, for the
assembly can only be sure of that by having the report audited. Whenever such a
financial report is made, the chair, without any motion, should say it is
referred to the auditing committee or auditors, if there are any. If there are
none, then the proper motion is to refer it to an auditing committee to be
appointed by the chair. When the auditing committee reports, this report should
be accepted, or adopted, which carries with it the endorsement of the financial
report.
(2) If the report contains
recommendations not in the form of motions, they should all be placed at the end
of the report, even if they have been given separately before, and the proper
motion is to adopt the recommendations.
(3) If the report concludes with a
resolution or a series of resolutions, the proper course is for the reporting
member to move that the resolution or resolutions be adopted or agreed to. This
method should be adopted whenever practicable.
(4) If a committee reports back a
resolution which was referred to it, the motion to postpone indefinitely, if it
was pending, is ignored; if an amendment was pending it should be reported on.
The form of the question to be stated by the chair depends upon the
recommendation of the committee as follows: (a)
If the committee recommends its adoption, or makes no recommendation (where it
can come to no agreement), the question should be stated on the amendment if
there was one pending, and then on the resolution. These motions were pending
when the question was referred to the committee, and therefore should not be
made again. (b) If the recommendation is that
the resolution be not adopted, the question on the resolution, when it is put,
should be stated thus: "The question is on the adoption of the resolution,
the recommendation of the committee to the contrary notwithstanding." A
similar course is pursued if the committee recommends that an amendment be not
adopted. (c) If the committee recommends that
the resolution be postponed indefinitely, or postponed to a certain time, the
question should be on the postponement, and, if that is lost, then on the
resolution.
(d) If the committee
reports back a resolution or paper with amendments, the reporting member reads
only the amendments with sufficient of the context to make them understood and
then moves their adoption. The chairman, after stating the question on the
adoption of the amendments, called for the reading of the first amendment, after
which it is open for debate and amendment. A vote is then taken on adopting this
amendment, and the next is read, and so on till the amendments are adopted or
rejected, admitting amendments to the committee's amendments, but no others.
When through with the committee's amendments, the chairman pauses for any other
amendments to be proposed by the assembly; and when these are voted on he puts
the question on agreeing to, or adopting, the paper as amended, unless, in a
case like revising the by-laws, they have been already adopted. By suspending
the rules [22], or by general consent, a
report can be at once adopted without following any of the above routine.
If the amendments do not call for debate or amendment,
as when reported from the committee of the whole, where they have been already
discussed, the chair puts a single question on all the committee's amendments
except those for which a member asks a separate vote, thus "As many as are
in favor of adopting the amendments recommended by the committee, except those
for which a separate vote has been asked, say aye; those opposed say
no." He then takes up the remaining amendments separately in their
order.
(e) If the committee
reports back a resolution with a substitute which it recommends for adoption,
the chair states the question on the substitute, if there were no amendments
pending when the resolution was committed. If, however, amendments were pending
when the resolution was committed, the chair first states the questions on those
pending amendments, and when they are disposed of he states the question on the
substitute. In either case the substitute is treated like any other substitute
motion, the resolution being first perfected by amendments and then the
substitute resolution. After both have been thus perfected the question is put
on the substitution, and finally on the resolution. If the substitute is lost
the resolution is open to amendments proposed by members. (f)
If the report is of a nomination committee no vote should be taken, any more
than if a member had made the nominations. (g)
If the report is from the membership committee, the chair at once states the
question on the reception as members of the candidates recommended by the
committee.
A partial report of a committee is treated the same as
the final report. If it reports progress only, without recommendations or
conclusions, it is treated as any other report for information, and no action
need be taken. But, if the partial report recommends action, then the question
is to be put on adopting the report, or its recommendations, or the resolutions,
the same as if it were the final report.
While it is customary in ordinary societies to make and
second a motion to accept or adopt a committee's report, yet if the motion is
not made and the chair deems it best to have a vote taken on the question, he
may state the appropriate question without waiting for a motion, accepting the
submission of the report by a committee as equivalent to moving the adoption of
the appropriate motion for disposing of it, just as is the case when one offers
a resolution. To wait to see if two members are in favor of a proposition which
at least two have signed, or authorized the chairman, or reporting member, to
sign, would appear useless. In ordinary societies the chairman of the assembly
usually knows better than the reporting member how the business should be
managed, especially if a resolution is reported with many amendments. However,
unless the assembly is accustomed to having its chairman put the proper
questions on the report without any formal motion, it is better for the
reporting member to move the "adoption" of the resolutions or
recommendations, as that is generally understood.
When the chair has stated the question on the adoption
of the recommendations or resolutions, or of the report, the matter under
consideration is open to debate and amendment, and may have applied to it any of
the subsidiary motions, like other main questions. Its consideration cannot be
objected to if the matter was referred to the committee. While the report of the
committee or its resolutions may be amended by the assembly, these amendments
only affect that which the assembly adopts, as the assembly cannot in any way
change the committee's report.
For example: A committee expresses the opinion that Mr.
A has no right to commit a certain act, and the assembly strikes out this
statement from the report before adopting it. This does not alter the report,
but, when the assembly adopts the report, this statement is not adopted. So with
a recommendation or a resolution: the assembly may strike out or add one or more
recommendations or resolutions before adopting, but that does not alter the
committee's report. If the proceedings are published, the committee's report
should be printed exactly as it was submitted with the amendments printed below;
or, still better, all words struck out should be enclosed in brackets and all
words inserted should be printed in italics. and a note to that effect inserted
at the beginning.
While the motions to adopt, to accept, etc, are often
used indiscriminately, and the adoption of any one of them has the effect of
endorsing or adopting the opinions, actions, recommendations, or resolutions
submitted by the committee, as the case may be, yet it is better to use them as
heretofore stated. If only one term is used, the word "adopt" is
preferable, as it is least liable to be misunderstood.
55. Committee of the Whole. When an
assembly has to consider a subject which it does not wish to refer to a
committee, and yet where the subject matter is not well digested and put into
proper form for its definite action, or when, for any other reason, it is
desirable for the assembly to consider a subject with all the freedom of an
ordinary committee, it is the practice to refer the matter to the "Committee
of the Whole." If it is desired to consider the question at once, the
motion is made, "That the assembly do now resolve itself into a committee
of the whole, to take under consideration," etc., or, "That we go into
committee of the whole to consider," etc., specifying the subject. This is
really a motion to "commit." [See32
for its order of precedence, etc.] If adopted, the chairman immediately calls
another member to the chair, and takes his place as a member of the committee.
The committee is under the rules of the assembly, excepting as stated hereafter
in this section.
The only motions in order are to amend and adopt, and
that the committee "rise and report," as it cannot adjourn; nor can it
order the "yeas and nays." An appeal from the decision of the chair
can be made, and it must be voted on directly, as it cannot be laid on the table
or postponed, those motions not being allowed in committee of the whole. Each
member can speak only once on the appeal. The only way to close or limit debate
in committee of the whole is for the assembly, before going into committee of
the whole, to vote that the debate in committee shall cease at a certain time,
or that after a certain time no debate shall be allowed, excepting on new
amendments, and then only one speech in favor of and one against it, of, say,
five minutes each; or in some other way to regulate the time for debate.
If no limit is prescribed, any member may speak as often
as he can get the floor, and as long each time as is allowed in debate in the
assembly, but he cannot speak a second time provided a member wishes the floor
who has not spoken on that particular question. Debate having been closed at a
particular time by order of the assembly, the committee has not the power, even
by unanimous consent, to extend the time. The committee cannot refer the subject
to another committee. Like other committees, it cannot alter the text of any
resolution referred to it; but if the resolution originated in the committee,
then all the amendments are incorporated in it.
When the committee is through with the consideration of
the subject referred to it, or if it wishes to adjourn, or to have the assembly
limit debate, a motion is made that "the committee rise and report,"
etc., specifying the result of its proceedings. The motion to "rise"
is equivalent to the motion to adjourn in the assembly, and is always in order
(except while voting or when another member has the floor), and is undebatable
and cannot be amended. As soon as this motion is adopted the presiding officer
takes the chair, and the chairman of the committee, having resumed his place in
the assembly, rises, addresses the chair, and says: "The Committee of the
Whole has had under consideration (here he describes the resolution or other
matter) and has directed me to report the same with (or without, as the case may
be) amendments," provided the committee has concluded its business. If the
committee has failed to come to a conclusion, strike out of the report all after
"and has" and insert "come to no conclusion thereon." If no
amendments are reported, the chair at once states the question on the resolution
or other matter referred to the committee. If amendments are reported the
reporting member reads them, and hands the paper to the chair, who reads, and
states and puts the question on the amendments as a whole, unless a member asks
for a separate vote on one or more amendments, in which case a single vote is
taken on all the other amendments, and then the question is stated separately on
each of the amendments for which a separate vote was asked. The amendments may
be debated and amended.
The secretary does not record in the minutes the
proceedings of the committee, but should keep a memorandum of the proceedings
for its use. In large assemblies the secretary vacates his chair, which is
occupied by the chairman of the committee, and the assistant secretary acts as
secretary of the committee. Should the committee become disorderly, and the
chairman be unable to control it, the presiding officer should take the chair
and declare the committee dissolved. The quorum of the committee of the whole is
the same as that of the assembly [64]. If
the committee finds itself without a quorum, it can only rise and report the
fact to the assembly, which in such case must adjourn.
In large assemblies, such as the U.S. House of
Representatives, where a member can speak to any question only once, the
committee of the whole seems almost a necessity, as it allows the freest
discussion of a subject, while at any time it can rise and thus bring into force
the strict rules of the assembly. In small assemblies it is usually more
convenient to substitute for it either the "Quasi (as if in) Committee of
the Whole," as used in the U.S. Senate, or "Informal Consideration,"
as frequently used in ordinary societies. These are explained in the next two
sections.
56. As if in (or Quasi) Committee of the Whole
is used in the U.S. Senate instead of the committee of the whole, and is more
convenient in small assemblies. The motion should be made in a form similar to
this: "I move that the resolution be considered as if in committee of the
whole." This being adopted, the question is open to debate and amendment
with all the freedom of the committee of the whole. The presiding officer,
however, retains the chair, instead of appointing a chairman as is done when the
assembly goes into committee of the whole. If any motion is adopted, except an
amendment, it puts an end to the quasi committee of the whole. Thus, the motion
to commit is equivalent to the following motions when in committee of the whole:
(1) That the committee rise; (2) that the committee of the whole be discharged
from the further consideration of the subject; and (3) that it be referred to a
committee. When the assembly has finished amending the proposition under
consideration, without further motion the chairman announces that, "The
assembly, acting as if in committee of the whole, has had such subject under
consideration, and has made certain amendments," which he then reports. The
subject comes before the assembly then as if reported by a committee, the chair
stating the question on the amendments as described at the close of the previous
section under committee of the whole. The secretary should keep a memorandum of
the proceedings while acting as if in committee of the whole, but it should not
be entered in the minutes, being only for temporary use. The chairman's report
to the assembly should be entered in the minutes, as it belongs to the
assembly's proceedings.
57. Informal Consideration. In ordinary
societies the meetings of which are not large, instead of going into committee
of the whole. or considering questions as if in committee of the whole, it is
more usual to consider the question informally. The motion is made thus: "I
move that the question be considered informally." The effect of the
adoption of this motion is to open the main question and any amendments that may
be proposed, to free debate as if in committee of the whole. No member can speak
the second time to the same question as long as a member who has not spoken
desires the floor. This informal consideration applies only to the main question
and its amendments, so that any other motion that is made is under the regular
rules of debate. While considering a question informally the assembly by a
two-thirds vote may limit the number or length of speeches, or in any other way
limit or close the debate. While the consideration of the main question and its
amendments is informal, all votes are formal, the informality applying only to
the number of speeches allowed in debate. The instant the main question is
disposed of temporarily, or permanently, the informal consideration
automatically ceases without any motion or vote.
If the question is considered in either the regular
committee of the whole or the quasi committee of the whole, it is necessary
formally to report the action to the assembly and then take action on the
report. Thus, it will be seen that informal consideration is much simpler than
either of the methods described in the previous two sections. It can be used to
advantage in assemblies that are not very large, instead of the committee of the
whole. While this is not a motion to commit, yet it is used for practically the
same purpose as the committee of the whole. It ranks just below the motion "to
consider as if in committee of the whole," which is just below "to go
into committee of the whole."
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