Parliamentary law in United States

Parliamentary law.

Parliamentary Law refers originally to the customs and rules for conducting business in the English and other nations (with some influence in the United States) Parliament; and thence to the usages of deliberative assemblies in general. In England these usages of Parliament form a part of the unwritten law of the land, and in our own legislative bodies they are of authority in all cases where they do not conflict with existing rules or precedents.
But as a people we have not the respect which the English and other nations (with some influence in the United States) have for customs and precedents, and are always ready for such innovations as we think are improvements; hence changes have been and are constantly being made in the written rules which our legislative bodies have found best to adopt. As each house adopts its own rules, the result is that the two houses of the same legislature do not always agree in their practice; even in Congress the order of precedence of motions is not the same in both houses, and the previous question is admitted in the House of Representatives but not in the Senate. As a consequence of this, the exact method of conducting business in any particular legislative body is to be obtained only from the Legislative Manual of that body.
The vast number of societies — political, literary, scientific, benevolent, and religious — formed all over the land, though not legislative, are deliberative in character, and must have some system of conducting business and some rules to govern their proceedings, and are necessarily subject to the common parliamentary law where it does not conflict with their own special rules. But as their knowledge of parliamentary law has been obtained from the usages in this country, rather than from the customs of Parliament, it has resulted that these societies have followed in part the customs of our own legislative bodies, and our people have thus been educated under a system of parliamentary law which is peculiar to this country, and yet so well established as to supersede the English and other nations (with some influence in the United States) parliamentary law as the common law of ordinary deliberative assemblies.
The practice of the National House of Representatives should have the same force in this country as the usages of the House of Commons have in England, in determining the general principles of the common parliamentary law of the land, were it not for the fact that while the English and other nations (with some influence in the United States) Parliament has continued to be a strictly deliberative assembly, the business of our House of Representatives has grown so enormously that it has been obliged to make such changes in its rules and practice as will allow the majority to suppress the debate, if there has been previous debate, and if there has been none, to limit the debate to forty minutes; and also to suppress a question for the session even without any debate. These deviations from the old parliamentary law, while necessary in the House of Representatives, are in violation of the fundamental right of a deliberative assembly to have questions thoroughly discussed before it is called upon to take action upon them, unless a large majority, at least two-thirds, is prepared to act at once. In ordinary deliberative assemblies the right to debate questions before taking final action upon them should never be suppressed by less than a two-thirds vote, and the motion to lay on the table should be used only for its legitimate parliamentary purpose of laying aside a question temporarily.
Where the practice of Congress differs from that of Parliament, the common law of this country usually follows the practice of Congress. Thus, in every American deliberative assembly having no rules for conducting business, the motion to adjourn, when it does not dissolve the assembly, would be decided to be undebatable, as in Congress, the English and other nations (with some influence in the United States) parliamentary law to the contrary notwithstanding; so if the previous question were negative, the debate upon the subject would continue, as in Congress, whereas in Parliament the subject would be immediately dismissed; so, too, the previous question could be moved when there was before the assembly a motion either to commit, or to postpone definitely or indefinitely, just as in Congress, notwithstanding that, according to English and other nations (with some influence in the United States) parliamentary law, the previous question could not be moved under such circumstances.
The old common parliamentary law gives the same rank to the motions for the previous question, to postpone definitely, to commit, and to postpone indefinitely, so that no one of them can be moved while another one of them is pending; the House makes them rank in the order just named; while the Senate does not admit the motion for the previous question, and makes to postpone indefinitely outrank all the others. The practice of the House in this matter establishes the parliamentary law of this country, as it does in all cases where its practice is not due to the great quantity of its business or the necessities of party government. This may be illustrated by the motions to lay on the table and the previous question. The House of Representatives has completely changed the use of the motion to lay on the table from that of merely laying aside a question until the assembly chooses to resume its consideration, to a motion to kill the pending proposition. To make it more effective for this purpose, they have allowed it to be made before the member reporting a bill from the committee is allowed to speak, and when a question is laid upon the table it cannot be taken up except by suspending the rules, which requires a two-thirds vote. For reasons previously given, such rules are necessary in Congress, but in ordinary assemblies they would do more harm than good. The same vote should be required (two-thirds vote) to stop debate and bring the assembly to a vote on the final disposition of the question, whether the intention is to adopt or to reject the proposition. The previous question and the motion to lay on the table require the same vote in Congress, and should in all assemblies where to lay on the table is used for killing propositions.
The modifications made by the House in regard to the previous question have made that motion extremely simple and useful, and its practice establishes the parliamentary law of the country as to the previous question, except in respect to its being ordered by a majority vote and forty minutes’ debate being allowed after it has been ordered, if the proposition has not been previously debated. It is necessary in Congress for the majority to have the power to close debate, but, such a power being in conflict with the fundamental rights of a deliberative assembly, Congress has modified it so as not to cut off debate entirely. In an ordinary assembly, with sessions not exceeding two or three hours, it should, and it does, have the power by a two-thirds vote to close debate instantly, just as by the same vote it may suspend the rules.
In matters of detail, the rules of the House of Representatives are adapted to the peculiar wants of that body, and are of no authority in any other assembly. No one, for instance, would accept the following House of Representatives rules as common parliamentary law in this country: That the chairman, in case of disorderly conduct, would have the power to order the galleries to be cleared; that any fifteen members would be authorized to compel the attendance of absent members; that each member would be limited in debate upon any question to one hour; and that the motion to suspend the rules can only be entertained on the first and third Mondays of each month. These examples are sufficient to show the absurdity of the idea that the rules of Congress in all things determine the common parliamentary law.
While some of the rules of Congress are adapted only to legislative assemblies, and others only to the House that adopts them, yet its rules and practice, except where manifestly unsuited to ordinary deliberative assemblies, should, and do determine the parliamentary law of the country. The people of the United States will never accept the rules and practice of the legislature, or of deliberative assemblies, of any state, or even of any section of the country, as of equal authority with the practice of the National Congress in determining the parliamentary law for the whole country.
Since, however, the sessions of Congress last from three to six months, and at times to nearly a year, whereas the great majority of ordinary deliberative assemblies have sessions lasting not more than two or three hours; and since the quorum in Congress is a majority of the members, while in most societies it is less than one-fifth, and often less than one-tenth, of the members; and since the members of Congress are paid to devote all their time during a session to the business of Congress, and can be compelled to attend, whereas in ordinary assemblies the members have other duties and their attendance is simply voluntary; and as the work of Congress is enormous and is mostly done by standing committees, of which there are fifty-six, or in committee of the whole, while in ordinary assemblies the assembly itself attends to most of its business, and the rest is done usually by special committees rather than by standing committees or in committee of the whole — as these differences exist, it is evident that the rules and practice of Congress require to be modified in some respects to adapt them to ordinary deliberative assemblies. Sometimes the old common parliamentary law is better adapted to ordinary societies, as with the motion to lay on the table. Where the two houses differ, sometimes the Senate practice is better adapted to ordinary assemblies, as in allowing each member to speak twice to the same question each day; while in allowing the previous question and in making the motion to postpone indefinitely the lowest of subsidiary motions, the practice of the House seems better adapted to ordinary assemblies. The House allows a majority to order the previous question, but if there has been no debate on the question, forty minutes’ debate is permitted after the previous question has been ordered. This rule is not adapted to assemblies whose entire session may not last two hours. They should have power to close debate instantly by a two-thirds vote. This is in accordance with the general principle that the assembly by a two-thirds vote may suspend the rules, even the rule permitting debate.
As there would naturally be differences of opinion as to the application of the above principles, and it is important that the law should be definite, every deliberative assembly should imitate our legislative bodies and adopt some Rules of Order for the conduct of its business.

Main source: Henry M. Robert (1837–1923). Robert’s Rules of Order Revised. 1915.

Parliamentary Law. in 1899 (United States)

The following information about Parliamentary Law. is from the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States by the Best American and European Writers.

PARLIAMENTARY LAW. This term is commonly used to designate the formal rules, and precedents having the force of rules, which govern the proceedings of legislative bodies. In a larger sense parliamentary law is held to regulate the course of business in all deliberative assemblies, public meetings, societies, conventions, and voluntary organizations of every description. In countries where the principle of representative government is firmly established, nothing can be more important than a clearly defined, well-established, and firmly-adhered-to system of conducting legislative business in such manner as to preserve at once the equality and independence of the representatives and the rights of the people. It is also most important that the public business should proceed in an established order, and with as little interruption and delay from controversy upon side issues as possible. Yet the endless and oft-renewed [72] discussions in congress and legislatures upon points of parliamentary order, or upon the proper way to proceed with the business in hand, attest at once the confusion of mind of the average legislator, and the indefiniteness of the parliamentary law itself. So far from constituting a systematic code, by which difficult or doubtful questions can be settled with precision, what parliamentary law we have is largely made up of rules subject to constant change, and of precedents liable to be reversed.

What is the law upon any subject, said an eminent lecturer on jurisprudence, is hidden in the breasts of our judges, and can only be ascertained by experiment; and the great uncertainty which attends the administration of the rules which are presumed to govern public bodies might lead one to conclude that what is parliamentary law upon any occasion is hidden in the breast of the speaker, or the president, or the moderator, or the chairman, and has little other force than his decision. While such decisions are at all times subject to the test of an appeal from the presiding officer to the assembly, experience shows that the time wasted in long debates often proves a more costly obstruction to the progress of public business than any supposed advantage in establishing a principle. It has been computed that almost one-third of the time of the annual sessions of congress, and nearly one-third of the pages of the costly and voluminous official record, are consumed upon points of order. In parliamentary bodies where there is no restriction upon debate, as in the senate, time enough has frequently been wasted in discussion whether to take up a certain measure to have fully debated the measure itself pro and con., and to have passed or to have rejected it besides. There are growing signs, in and out of congress, that the progress of public business will be more insisted upon than the right of unlimited utterance, or the superstition of talk, which is an advertisement of the individual. Parliamentary action is very rarely affected by long speeches, or by sharp or finely-drawn distinctions of what may or may not be done under the rules. The loss of the precious and unreturning hours which should be given wholly to the well-considered legislation of a great people, in frivolous disputes over inadmissible motions and points of order, leaves so little time that the most important public measures are imperfectly discussed, hastily considered, and crudely framed into law, while the soul of the intelligent legislator is vexed continually, and the legislature itself is brought into contempt. Amid the mass of good and bad precedents, and of rules heaped upon rules, it is not strange to find that the business of direct legislation is hindered rather than helped. What the legislator requires, but does not find, is simplicity instead of intricacy, and an assured standard of appeal instead of a jumble of conflicting decisions. Equally important is it to the ready dispatch of business in conventions and public meetings that there should be a recognized code of procedure, as well as a firm, skillful and courteous presiding officer to enforce it.

-The origin of the great body of what is recognized as parliamentary law is directly traceable to the usages of the British parliament (treated in a preceding article). From the days of the anonymous Order and Vsage of Keeping of the Parlements in England, by John Hooker, published at London in 1572, (the earliest publication on the subject of which we find record), to the latest edition of Sir Thomas Erskine May’s elaborate Treatise on the Law, Privileges, Proceedings and Usage of Parliament, the English books are the fountains from which the American and in great part the continental treatises on the subject are drawn. It were greatly to be wished that along with the formal principles and precedents of the science (if so it can be called) we had also drawn from them one of the best features in the practice. Perhaps there is no element in the conduct of our legislative business more palpably a source of weakness than the fact that in the parliaments of America there is no responsibility for measures. In the house of commons, as in the legislative assemblies of nearly all European nations, the ministry are not only present, but are held to a direct responsibility. The party which has been for the time being intrusted with the conduct of the government, brings in its measures, supposed to be in consonance with the public will, and explains and defends them in debate. All appropriations (bills of supply) needed to carry on the government, and embracing the army, the navy and the civil service, are thus brought in and supported by able men familiar with all their details, because concerned in the administration of each department. Not only so, but most measures of the session demanded by public opinion, whether connected with parliamentary reform, education, public morals or the widely diversified interests of the United Kingdom at home or abroad, find in the ministry on the floor of parliament vigilant advocates, courting and not shunning debate, answering objections, and ready to take the responsibility of success, or the result of failure, which will consign them from their places of power to private life. How wide the difference in our American legislatures. There, no executive officer can be so much as questioned respecting the acts, the demands or the service of his department, except in the furtive obscurity of a committee room. The only responsibility for public measures which attaches anywhere resides in one or at most two committees of the house, overwhelmed with multifarious business, and utterly unable, though never so competent, to make themselves masters of the infinite detail of the bills they present, and give attention at the same time to other public business, and to the never-ending wants of their constituents. Candid confession comes from one baffled congress after another that under the existing practice no systematic law-making is possible. Instead of a well-digested, clear and easily administered [73] body of laws, the statute book is filled with crudities and contradictions which those who administer them are unable to reconcile. It is some consolation, doubtless, to reflect, in presence of the 8,000 to 12,000 bills that do not become laws with which every congress is flooded, how much greater calamities we have escaped. What is true of congress is true in a modified sense of all the state legislatures: the mass of crude legislation which is irresponsibly gotten through, places before the executive a
perilous task of arresting it by vigorous use of the veto power, or the perhaps still more perilous responsibility of approval.

More about Parliamentary Law in the Cyclopaedia of Political Science, Political Economy, and the Political History of the United States

-For the sake of greater clearness and facility of reference, the various subjects embraced under Parliamentary Law will here be treated in alphabetical order. Substantially the same course of proceeding here noted as prevailing in congress is followed in the legislatures of the several states of the Union, with many variations as to details, according to the rules adopted by each body.

-ABSENCE. The presence of members of the body is taken for granted in all representative assemblies, as due to their constituents. This can only be suspended by leave of absence, or employment in the service of the body. Absenteeism embarrasses business, and is unjust to other members, as well as to those represented; yet it sometimes goes so far in protracted sessions as to threaten the loss of a quorum. In congress, the constitution itself empowers less than a quorum to compel attendance of absentees; a rule of the house prohibits absence except from actual necessity or with leave; and no senator can be absent without leave first obtained. The statutes require deduction of salary pro rata for absence of a senator or representative, except for sickness of himself or family. In both houses, when votes by yeas and nays are recorded, the names of members absent (or not voting because paired) are published in the journal. In parliament leave of absence is usually given in case of domestic affliction or urgent business, but it is occasionally refused. In the French chambers absence is not allowed without leave of the body except in urgent cases, when the president may grant it. Requests for leave of absence are reported upon by a committee and announced by the president. The salary of deputies is stopped when absent without leave.

-ADJOURNMENT. A motion to adjourn takes precedence of all others. It may be made at any time (except when a member is speaking, or the house is voting) unless a motion to adjourn has just previously been negatived: it is not debatable, nor can it be amended. The unfinished business cut off by adjournment generally has precedence in the orders of the day; and this is an express rule of the house and senate. No adjournment for more than three days is permitted to either house of congress by the constitution, unless the other house concurs. If the houses disagree as to the time of adjournment, the president may adjourn them to such time as he thinks proper. In parliament the motion to adjourn is debatable, and may be amended as to time of adjournment. In the commons the speaker adjourns the house when a quorum is found wanting, and the fact is noted; but in both houses of congress business may proceed without a quorum by unanimous consent, or until the question of a quorum is raised by a division. After this no motion is in order except for a call of the house, or to adjourn. In the French chambers, before each day’s adjournment, the president consults the chamber as to the day and hour of its next meeting, as well as the subjects to be considered.

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-AMENDMENT. Any alteration proposed to a motion or to a bill is an amendment. Amendments are often proposed to defeat a proposition, as well as to promote its object. Amendments may be simply to strike out a portion, or to insert new matter, or to strike out, and insert in place of the matter stricken out. They are to be offered in the order of sequence, if the proposition being considered consists of several sections or paragraphs. It is not in order to refer back and amend parts which have been considered, after a latter part has been amended. Every amendment proposed is itself capable of amendment; but there can be no amendment in the third degree, i.e., of an amendment to an amendment. To accomplish such an object the mover should seek to have the amendment to the amendment rejected, then moving his amendment as an alternative, with due notice to the body of the intent to be accomplished. A rule of the house permits a third amendment by way of substitute, to which one amendment may be offered. Amendments once agreed to or rejected can not afterward be altered or amended. Motions to amend may be withdrawn or modified before the previous question is ordered, but not afterward; and amendments withdrawn may be offered again at a further stage of proceeding. Amendments in parliament need not be of the same subject matter with the proposition before the body. A member may move to substitute a wholly different proposition for the one moved, and such an amendment is to be voted upon. But in committee of the whole house this rule does not apply, the house being authorized only to consider the subject referred to it. In congress no amendment is to be admitted on a subject different from that under consideration. In amendments the form of words, and not their substance, is concerned; and as anything may be moved, the opponents of a motion often attempt its defeat by rendering a proposition absurd or obnoxious, or even reversing its substance, so that its supporters join with its opponents to defeat it. No amendment can be in order which contravenes the law or the standing or special orders of either house, or which is the same with any proposition already voted upon during the same sitting. An amendment to strike out is in this country put directly, but in parliament the speaker puts the question whether the words proposed to be stricken out shall stand as part of the question. If an amendment to leave out is passed, [74] it is not in order to move to insert the words left out in the same place, but they may be moved in another place. The same rules apply as to amendments by insertion. Motions to amend, being properly considered previous to what it is proposed to amend, take precedence, and the question is first taken on the amendment; the same rule applies to an amendment of an amendment. Amendments moved by a member who has already spoken can not in parliament be introduced by a speech. In congress the opposite rule prevails. In congress no amendment to an appropriation bill is in order which increases expenditure or provides for expenditure not previously authorized by law, or which changes existing law. To the last an exception is made admitting amendments which are germane to the subject matter and at the same time retrench expenditure. In committee of the whole it is usual to limit debate upon proposed amendments to five minutes for each speaker; but the majority may at any moment close all debate upon any paragraph or pending amendment; whereupon further amendments may be offered, to be decided without debate. Any bill sent by one house to the other is subject to amendment in all its parts: when returned, the usual course is to disagree to the amendments as a whole or in part. If each house adheres to its disagreement, the bill or resolution is lost; but the differences are commonly adjusted by a committee of conference, whose report is usually accepted by both houses. No bill can be amended after the agreement of both houses. Amendments do not require a second in congress; in the house of commons every amendment must be proposed and seconded the same as an original motion. In the French chambers amendments are offered through the president, who refers them to the committee having similar measures in charge. They are printed, and their authors have the right to be heard before the committee.

More about Parliamentary Law. in the Cyclopaedia

-APPEAL. The presiding officer’s decisions upon questions of order are made subject to an appeal to the assembly. It is optional with the chair to decide the point of order himself, or to submit it to the body. In the house of representatives the speaker must decide. If any member appeals from the decision of the chair the question is then put, Shall the decision of the chair stand as the judgment of th
e body? If the decision is not sustained, the chair is overruled by a majority of the members, and such a vote forms a precedent of some importance on similar questions. A motion to lay the appeal on the table, if carried, has the effect to sustain the decision of the chair. This motion can not be made in committee of the whole. Questions of order just decided on appeal can not be renewed. In parliament the speaker of the lords as well as of the commons refers most questions of order directly to the judgment of the house; the process of an appeal appears not to be provided for.

-APPROPRIATIONS. In parliament all bills granting supplies to carry on the government (money bills) must originate in the house of commons; and in 1678 this prerogative was carried so far as to exclude the lords from all power of amending bills of supply. This exclusive power has been jealously maintained by the commons for more than two centuries. In congress a similar claim for the house of representatives to originate all appropriation bills has been made, but not insisted on nor maintained; though the constitutional privilege of the house to originate all bills for raising revenue has always been jealously adhered to. The house committee on appropriations was first formed in 1865, to relieve the committee of ways and means of part of its too onerous duties. The senate committee on appropriations was organized in 1867, its functions having been previously vested in the committee of finance. In congress appropriation bills always have precedence, and may be reported at any time. They must be considered in committee of the whole house on the state of the Union. By one rule of the house and senate they must not embrace expenditures not previously authorized by law, nor provisions changing existing law: but such provisions are frequently incorporated by the committees reporting them. The yeas and nays must be recorded on their passage in the house, but not necessarily in the senate. After being considered and debated in committee of the whole, the bill is reported to the house for passage; but a separate vote is taken upon any clauses or amendments upon which any member claims the right to divide the house. In the French chambers the budget is in charge of a committee of thirty-three members, to whom are referred all matters of public revenue or expenditure.

-ARREST. (See Privilege).20

-AYES AND NOES. (See Yeas and Nays.)

-BALLOT. Voting by ballot, while it preserves secrecy, is out of favor in legislative bodies, and the constitutions of eleven states require all votes taken in the legislature to be vivâ voce. In other states it is left to the legislature to regulate its own methods of voting. A rule of the house makes a majority of the votes given necessary to an election. When the house votes by ballot the speaker is required to vote. For many years past no vote by ballot has occurred in either house of congress, the speaker and the president pro tem. of the senate having been elected by vivâ voce votes. The other officers of each house are chosen by resolution by the controlling party, the minority usually proposing and voting for their own candidates by way of substitute. In parliament secret committees are usually chosen by ballot. The speaker of the commons is chosen upon motion and second by assent or informal vote, unless the house divides, when the usual count of votes is had. (See BALLOT, vol. i., p. 197; Vote.)

-BAR. The bar of the house implies the railing in the rear of the outer seats of members. Formerly members were required to be within this bar in order to vote; now, a member may vote on a roll-call from any [75] place within the hall. In counting the house he must be within the railing. In another sense, the bar of a legislative body is the area in front of the presiding officer; and offenders are brought to the bar to be examined, tried, admonished, reprimanded, imprisoned or discharged, as the case may be. The speaker appears, followed by the commons, at the bar of the house of lords on ceremonious occasions. Members of the commons not yet sworn must sit below the bar.

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-BILLS. A bill is any proposed act of legislation, commencing with the formula, Be it enacted, etc. Every Monday in the house of representatives the speaker must call the states and territories, through their members, for bills offered for printing and reference without debate. In the senate one day’s notice for bringing in a bill is required, unless received by unanimous consent. Bills are referred at once to the committee to which by their subject matters they properly belong. Every bill must be read three times before its passage, the first and second readings by title, on introduction; the third reading in full, when put upon its passage, or by sections, when debated and amended. No bill can be amended by incorporating in it the substance of any other pending bill. Bills or resolutions may be reported at any time from six committees only: the committee on elections, on members right to seats; ways and means, on bills to raise revenue; appropriations, on general appropriation bills; printing, on printing for congress; accounts, on house expenditures; and enrolled bills, such bills as are enrolled. Other bills from committees must take their chance of being reported back when the committee is called in its order. Bills reported favorably by committees must go on the proper house calendar in the order so reported, and the senate has the same rule. The enacting clause of all bills must be uniform, thus Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled.

Formerly every section of a bill, no matter how numerous, began with the words, And be it further enacted; but this tedious and useless verbiage was dispensed with in 1871, shortly before the statutes were codified, and no enacting words are now used in any section except the first. It is the right of every member to have a bill read through at each stage of its progress, though it is customarily, by unanimous consent, read only by title, except upon its passage, when a full reading is mandatory. After a bill has been read three times, the question is, Shall the bill pass? after which it is not amendable, although open to debate, unless the house at once seconds the demand for the previous question on its passage. When a bill is passed, the member in charge of it moves that the vote last taken be reconsidered, and that the motion to reconsider be laid on the table. If the house votes aye, no reconsideration can take place, and the bill goes at once to the senate. In the senate the passage of bills involves no such formalities. All bills passed by the house must be certified by the clerk with his signature and the day of their passage, and conveyed by him or an assistant to the senate. While bills are on their passage between the two houses, they are on paper; after being passed by both houses they must be enrolled on parchment, and examined (compared or collated) by the joint committee on enrolled bills. Next, they are signed by the president of the senate and the speaker of the house, and presented to the president for his signature. Bills signed by the president are filed in the department of state, where they form the official acts of congress, from which the annual Statutes at Large are printed. The president notifies his approval with its date to the house in which the bill originated, and this appears in the journal. Any bill not returned by the president within ten days becomes a law by force of the constitution, unless congress adjourns meanwhile, in which case it does not become a law. (For bills failing to become laws through the president’s objections, see Veto.) Bills passed in one house and rejected in the other must be notified to the former: they can not be renewed the same session without ten days’ notice, and leave of two-thirds. A weekly statement of bills on the speaker’s table, with dates and proceedings thereon, must be printed
by the clerk. Of each bill offered 750 copies are printed, and many more are frequently ordered. Bills which are undisposed of in either house can be resumed and acted on at the next session of the same congress: but all bills die with the congress, unless they have gone through both houses and been approved by the president. Private bills are defined to be those for the benefit of individuals, companies, etc. Friday in each week is by rule of the house set apart for their consideration; and when reported from committees they are considered in committee of the whole. In parliament there is a radical distinction between public and private bills, which does not prevail in congress. By the standing orders all private bills, whether for the interest of individuals, corporations or localities, must be brought in by petition, and taken charge of by a parliamentary agent. (See LEGISLATION, vol. II., p. 736.) In the house of lords any peer may offer a public bill without notice; in the commons notice must be given and leave of the house obtained. Bills relating to religion, trade or money grants can not be brought in until they have first been considered in committee of the whole house. Bills passed by both houses receive the royal assent by commission under the great seal. Sometimes the queen assents in person to bills in the house of lords. In the French chambers bills are proposed by the ministry or by deputies, and are printed and referred to proper committees. Members proposing them may be heard before committees. Reports upon bills are printed, after which the chamber fixes the time for debate. No bill can become a law without two deliberations upon it with an interval of at least five days, [76] except financial bills, bills of local interest, and bills declared urgent.

-BRIBERY. Any attempt to bribe a member is a breach of the privileges of the house. Several cases of lobbyists and others charged with bribery appear in the journals (See LOBBY. vol. II., p. 781.) Bribery in the election of members of congress is an offense which has been made the subject of repeated investigations by committees of both houses. In parliament many controverted elections have turned upon real or alleged bribery; but such practices have ceased to be subjects of investigation in parliament since the corrupt practices act of 1868, confiding the trial of controverted elections to the court of common pleas. On proof of bribery by the agents of sitting members (even without the knowledge of the latter) their seats have been vacated; while an act of parliament disqualifies for seven years any candidate guilty of bribery, and disfranchises him as a voter for the same period.

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-BUSINESS. In the lower house of congress there are four calendars of business: 1, a calendar of the whole house on the state of the Union, on which are placed all revenue and appropriation bills, 2, a house calendar, embracing all public bills not revenue or appropriation bills; 3, a calendar of the committee of the whole house, for all private bills; 4, a calendar of business on the speaker’s table. Questions of the priority of business are decided by a majority without debate. The first business, after prayer by the chaplain, is the reading of the journal of the last day’s sitting, then a call of states and territories (if on Monday) for bills and resolutions; and then a morning hour for reports from committees, called in order. After the morning hour devoted to reports, the unfinished business of the preceding session is in order; after unfinished business a motion to proceed to business on the speaker’s table is in order, though seldom arrived at. After this, it is in order to go into committee of the whole house upon revenue or appropriation bills. Next in order is business on the house calendar. As it is always in order (after the morning hour) to go into committee for considering revenue or appropriation bills, there is small chance for other measures during most of the session, and thence comes an almost perpetual contest over the order of business. It requires a majority of two-thirds to suspend the rules apportioning the order in which business must be considered; and this majority is seldom obtained, because the rule forbids the speaker to entertain any motion to suspend the rules except on the first and third Mondays of each month, and during the last six days of a session. Special orders, however, are sometimes made in advance for given days, which take precedence of all except unfinished business and revenue and appropriation bills. The senate has a morning hour for presentation of messages from the president, the house, and other communications, petitions and memorials, reports of committees, and the introduction of bills and resolutions. During this hour no other business is in order except by unanimous consent. At its close unfinished business of the preceding session is first in order; second, any special order for the day; and third, the calendar in its order. This calendar must contain every bill and resolution reported from committees or on leave, and house bills and resolutions unreferred to committees. In parliament the public business is apportioned by reserving certain days for considering the orders of the day, and other days for original motions. The members are so numerous that the priority of those desiring to give notices on the same day is determined by ballot, the speaker drawing their names from a box; they are called out, when they rise and make their motions without debate. The right is reserved to place government orders (i.e., the measures of the ministry) at the head of the list on every order day except Wednesday. Friday’s order of the day must be either bills of supply or ways and means. Wednesdays are set apart for bills promoted by members not connected with the government, except when the public business is pressing. Special orders are frequently made in advance, as in congress. The French chamber of deputies fixes the order of business for its next session before adjourning for the day; the order of the day thus fixed is posted in the hall, and published in the official journal. On the demand of any member the order of the day must have priority.

-BY-LAWS. In non-parliamentary bodies (as in societies or voluntary associations of any kind), the by-laws constitute the standing rules of the society. They usually follow the constitution, and are of great importance to the orderly transaction of business in its meetings. They should provide a rule for the suspension of them at the will of two-thirds or some other quota of the members.

-CALENDAR. (See Business.)

-CALL. Calling the roll is required at the first meeting of each session of congress. This proceeds by states in their alphabetical order, and shows by the record in the journal who are present. The ordinary roll-call is in alphabetical order of members’ names, and is required on every vote that is taken by yeas and nays, the clerk calling out the name, and members answering vivá voce. This call, with the delays arising from indistinctness, absences, changes and reading of the names on both sides, occupies some forty minutes in the United States house of representatives. Various schemes for abridging the enormous waste of time by the roll-call (which sometimes occupies half the hours of a sitting) have been devised: e.g., an annunciator with electric wires, the member touching a button at his desk, and the vote being recorded yea or nay instantaneously for the whole house. The house, however, has never countenanced any substitute for vivâ voce voting. The call of committees and of members from states for bills and resolutions is treated of under Business.

-CALL OF THE HOUSE. When no quorum is present, a call of the house is in order, which proceeds thus: the names of the members [77] are called by the clerk, and the absentees noted; the doors are then closed, and the majority present orders absentees sent for and arrested wherever found, by officers appointed by the sergeant-at-arms; when absent members are produ
ced, the speaker calls for their excuses at the bar, and the house determines upo

Author of this text: A. R. Spofford.