be legitimately laid on the table excepting that which can, on motion, be taken up again.

149. The motion to reconsider is applicable to all votes, whether affirmative or negative, on all the other subsidiary questions-viz.: on motions to postpcre, to commit, to amend, and for the previous question. But when the order for the previous question is in process of execution, e. g., when the main question is being taken,-it is too late to move a reconsideration.

150. It has already been referred to (par. 88) that usage in Congress allows a member to move a reconsideration, and then move immediately that his own motion lie on the table. This is abusive, and should always be ruled as out of order.

CHAPTER VII.

INCIDENTAL QUESTIONS.

151. As has been said, during proceedings on principal or on subsidiary motions, questions may arise incidental to those pending, which must be decided before them. The incidental questions are: first, questions of order; second, reading of papers; third, withdrawal of a motion; and, fourth, suspension of a rule.

SECT. I. -QUESTIONS OF ORDER.

152. It is the duty of the presiding officer at all times to preserve order, and to enforce rigidly the rules; and any member has the right to insist upon such enforcement. But sometimes there is a difference of opinion as to the interpretation of the rule, or as to its application to the pending case. In that event, the point of order is to be raised.

153. The manner of raising a point of order is as

follows: A member rises, whether another has the floor or not, and, addressing himself to the chair, says: "Mr. President, I rise to a point of order." The presiding officer will respond: "State it, if you please." If any one has the floor, he will take his seat for the time. When the point is made, it will be decided by the chair; and, if no objection be raised, it will stand as the sense of the body. If any one is dissatisfied with the ruling of the chair,-either the one raising the point, or any other member, -he will say: "I beg leave to appeal from the decision of the chair." The presiding officer will then state the point of order raised, and his decision on it, and then put the question: "Shall the decision of the chair stand as the sense of the assembly?" The decision of the assembly, either sustaining or overruling the chair, will be final in the premises. When the point of order has been decided, proceedings are resumed again, commencing at the point at which they were interrupted, and governed by the principles of the decision. If one had been tem

porarily deprived of the floor, he will resume it again, provided the decision had not been to the effect that he was not entitled to it.

154. Questions of order may be of two kinds: first, those that relate to general principles; and, second, those that have a personal bearing. As an example of the first may be given the question raised whether, on the motion to indefinitely postpone, it will be in order to discuss the merits of the main proposition; as an example of the second, the case when one raises the point as to whether the remarks of a member are not irrelevant and violative of order. In the first case, debate on the point of order is admissible; in the second, it is out of order. It is worthy of special note that all questions of order of a personal character, whether on an appeal from the decision of the chair or not, are to be decided without debate.

155. On an appeal from his decisions, the presiding officer can participate in the debate without vacating

the chair. It is out of order for any one to speak on the decision of a point of order unless an appeal has been taken from such decision. But the presiding officer may accompany his ruling, if so disposed, with a concise statement of his reasons.

156. A point of order takes precedence of all the subsidiary questions excepting the motion to lay on the table; and of the other incidental questions. But it is subordinate to all the privileged questions, viz.: to adjourn; questions of privilege; and orders of the day, unless it grows itself out of those privileged questions.

157. It is the duty of the presiding officer to answer questions on points of order, when those points rise naturally in the progress of business; and he may give information, when asked, as to what motions would be necessary to enable members to accomplish legitimate objects they have in view. But he may not answer questions dictated by curiosity or captiousness. He is not to consume the time of the assembly by transforming himself from a presiding officer into a lecturer on parliamentary science.

SECT. II. -READING PAPERS.

158. When papers are laid before the house or referred to a committee, it is the privilege of each member to have them read at least once before being compelled to vote upon them; and this is so evident that, when in good faith he requests the reading, it is usual for the chair to direct the paper to be read, without putting a question, if no objection be made. But if objected to, a question must be put.

U. S. A R., Aug. 28th, 1852. "Pending the question on disagree. ing to the amendments of the Senate to the bill of the House No. 196, and asking a conference with the Senate thereon, upon which the mair question had been ordered to be put, Mr. Cabell called for the realing of the said Senate amendments. Mr. Clingman moved that the rules be suspended so as to enable him to move that the reading of said amendments be dispensed with. Mr. Ewing made the point of order that the said motion was not in order, on the ground

that each member had a right to have every proposition read upo which he was called to vote, and that it was not in the power of the house to deprive him of that right. The Speaker decided that the said motion was in order. He admitted that a member had the right to have a proposition read before he could be called to vote upon it. This right, however, was derived from the rules; and, by a suspension of those rules, he was clearly of the opinion that he might be deprived of it. The propriety of suspending the rules for that purpose was a matter to be judged of by members in giving their votes. From this decision of the chair Mr. Ewing appealed; when, on motion of Mr. Chastain, it was Ordered, That the appeal be laid on the table."

159. But no member has a right to have a book or paper read whenever he pleases; nor even to read them himself from his seat. Indeed, to such an extent is this principle carried, that a member has strictly not the right to read his own written speech. All this is designed to prevent the waste of time. To accomplish his object, if objection be made, a member must move, and the question must be put on his motion, that the paper be read.

160. A motion for reading papers is not debatable.

SECT. III.

WITHDRAWAL OF A MOTION.

161. As has been already said, any member who has made a proposition can withdraw it at any time anterior to a vote upon it. If, after this, he desires to withdraw it, he must first obtain leave to do so by vote of the assembly. (See par. 67.) A motion to grant leave to withdraw a proposition is not debatable.

162. Whenever a proposed action is hindered by a rule previously adopted, it is customary, in this country, to remove the embarrassment by a motion to suspend the rule. Such a motion interrupts for the time being the original proposition, and must be decided first.

163. It is customary for a rule to be adopted prescribing what number, exceeding a majority, shall be required to suspend a rule. In some cases, a vote of

two-thirds, in others, of three-fourths, is required. Where no rule exists on the subject, it would seem that the rule can be suspended only by unanimous consent. A motion to suspend the rules is not debatable.

CHAPTER VIII

PRIVILEGED QUESTIONS.

164. There are certain questions which, on account of the necessity of the proceedings to which they lead, are entitled to take precedence of all other questions. These are called privileged questions. They are: first, motions to adjourn; second, motions relating to the rights and privileges of the assembly, and of its individual members; and, third, motions for the orders of the day.

SECT. I.— ADJOURNMENT.

165. The motion to adjourn takes precedence of all other questions. But for this purpose, it must be a motion simply to adjourn. If it be made in any other form, as, for instance, to a particular day, or for a particular time, it loses its character as a privileged question, and cannot suspend the pending proposition. This motion can be made at any time, provided the mover can legitimately obtain the floor. If carried in the affirmative, the pending proposition is suspended and interrupted; if decided in the negative, the proposition before the assembly is proceeded with as if no interruption had occurred.

166. The motion to adjourn, if decided in the nega tive, cannot be renewed immediately. But if progress has been made in the business before the assembly i. e., if a vote has been taken or a speech made on it, may be renewed.

it