Robert's Rules of Order — 14 - Concluding Matter
Legal Rights of Assemblies and the Trial of their Members.
The Right of Deliberative Assemblies to Punish their Members.
A
deliberative assembly has the inherent right to make and enforce its own laws and punish an offender—the extreme penalty, however, being expulsion from its own body.
When expelled, if the assembly is a permanent society, it has a right, for its own protection, to give public notice that the person has ceased to be a member of that society.
But it has no right to go beyond what is necessary for self protection and publish the charges against the member.
In a case where a member of a society was expelled, and an officer of the society published, by their order, a statement of the grave charges upon which he had been found guilty, the expelled member recovered damages from the officer, in a suit for libel—the court holding that the truth of the charges did not affect the case.
The Right of an Assembly to Eject any one from its place of meeting.
Every deliberative assembly has the right to decide who may be present during its session, and when the assembly, either by a rule or by a vote, decides that a certain person shall not remain in the room, it is the duty of the chairman to enforce the rule or order, using whatever force is necessary to eject the party.
The chairman can detail members to remove the person, without calling upon the police.
If, however, in enforcing the order, any one uses harsher treatment than is necessary to remove the person, the courts have held that he, and he alone is liable to prosecution, just the same as a policeman would be under similar circumstances.
However badly the man may be abused while being removed from the room, neither the chairman nor the society are liable for damages, as, in ordering his removal, they did not exceed their legal rights.
Rights of Ecclesiastical Tribunals.
Many of our deliberative assemblies are ecclesiastical bodies, and it is important to know how much respect will be paid to their decisions by the civil courts.
A church became divided and each party claimed to be the church, and therefore entitled to the church property.
The case was taken into the civil courts, and finally, on appeal, to the U. S.
Supreme Court, which held the case under advisement for one year, and then reversed the decision of the State Court, because it conflicted with the decision of the highest ecclesiastical court that had acted upon the case.
The Supreme Court, in rendering its decision, laid down the broad principle that, when a local church is but a part of a larger and more general organization or denomination, it will accept the decision of the highest ecclesiastical tribunal to which the case has been carried within that general church organization, as final, and will not inquire into the justice or injustice of its decree as between the parties before it.
The officers, the ministers, the members, or the church body which the highest judiciary of the denomination recognizes, the court will recognize.
Whom that body expels or cuts off, the court will hold to be no longer members of that church.
Trial of Members of Societies.
Every deliberative assembly, having the right to purify its own body, must therefore have the right to investigate the character of its members.
It can require any of them to testify in the case, under pain of expulsion if they refuse.
In § 36 is shown the method of procedure when a member is charged with violating the rules of decorum in debate.
If the disorderly words are of a personal nature, before the assembly proceeds to deliberate upon the case, both parties to the personality should retire.
It is not necessary for the member objecting to the words to retire, unless he is personally involved in the case.
When the charge is against the member’s character, it is usually referred to a committee of investigation or discipline, or to some standing committee to report upon.
Some societies have standing committees, whose duty it is to report cases for discipline whenever any are known to them.
In either case the committee investigate the matter and report to the society.
This report need not go into details, but should contain their recommendations as to what action the society should take, and should usually close with resolutions covering the case, so that there is no need for any one to offer any additional resolutions upon it.
The ordinary resolutions, where the member is recommended to be expelled, are (1) to fix the time to which the society shall adjourn; and (2) to instruct the clerk to cite the member to appear before the society at this adjourned meeting to show cause why he should not be expelled, upon the following charges, which should then be given.
After charges are preferred against a member and the assembly has ordered that he be cited to appear for trial, he is theoretically under arrest, and is deprived of all the rights of membership until his case is disposed of.
The clerk should send the accused a written notice to appear before the society at the time appointed, and should at the same time furnish him with a copy of the charges.
A failure to obey the summons is generally cause enough for summary expulsion.
At the appointed meeting, what may be called the trial, takes place.
Frequently the only evidence required against the member is the report of the committee.
After it has been read and any additional evidence offered that the committee may see fit to introduce, the accused should be allowed to make an explanation and introduce witnesses if he so desires.
Either party should be allowed to cross-examine the other’s witnesses and introduce rebutting testimony.
When the evidence is all in, the accused should retire from the room, and the society deliberate upon the question, and finally act by a vote upon the question of expulsion or other punishment proposed.
In acting upon the case, it must be borne in mind that there is a vast distinction between the evidence necessary to convict in a civil court and that required to convict in an ordinary society or ecclesiastical body.
A notorious pickpocket could not even be arrested, much less convicted, by a civil court, simply on the ground of being commonly known as a pickpocket; while such evidence would convict and expel him from any ordinary society.
The moral conviction of the truth of the charge is all that is necessary in an ecclesiastical or other deliberative body, to find the accused guilty of the charges.
If the trial is liable to be long and troublesome, or of a very delicate nature, the member is frequently cited to appear before a committee, instead of the society, for trial.
In this case the committee report to the society the result of their trial of the case, with resolutions covering the punishment which they recommend the society to adopt.
TABLE OF RULES RELATING TO MOTIONS.
[This Table contains the answers to more than two hundred questions on parliamentary law, and should always be consulted before referring to the body of the Manual.
] Explanation of the Table.
A Star shows that the rule heading the column in which it stands, applies to the motion opposite to which it is placed: a blank shows that the rule does not apply: a figure shows that the rule only partially applies, the figure referring to the note on the next page showing the limitations.
Take, for example, “Lie on the table:” the Table shows that § 19 of the Pocket Manual treats of this motion; that it is “undebatable” and “cannot be amended;” and that an affirmative vote on it (as shown in note 3) “cannot be reconsidered:” — the four other columns being blank, show that this motion does not “open the main question to debate,” that it does not “require a 2/3 vote,” that it does “require to be seconded,” and that it is not “in order when another member has the floor.
” The column headed “Requires a two-thirds vote,” applies only where the “Pocket Manual of Rules of Order,” or similar rules, have been adopted.
[See “Two-thirds Vote,” on next page, under Miscellaneous Rules.
] After the note to the Table is some additional information that a chairman should always have at hand, such as the Order of Precedence of Motions, the Forms Of Putting Certain Questions, etc. In order when another has the floor [§ 2]——————-| Requires no Second [§ 3]—————-| | Requires a 2/3 vote [§ 39]—See Note 1. ————-| | | Cannot be Reconsidered [§ 27]———-| | | | Cannot be Amended [§ 23]——-| | | | | Opens Main Question to Debate [§ 35]—-| | | | | | Undebatable [§ 35]-| | | | | | | |- Section in Pocket Manual | | | | | | | | | | | | | | | 11 Adjourn ……………………………………… x .
x x .
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10 Adjourn, Fix the Time to which to ……………….
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23 Amend ………………………………………..
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23 Amend an Amendment …………………………….
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43 Amend the Rules ……………………………….
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14 Appeal, relating to indecorum, etc. , [6] ………… x .
x .
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x
14 Appeal, all other cases ………………………..
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x
14 Call to Order ………………………………… x .
x .
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x x 37 Close Debate, motion to ………………………..
x .
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22 Commit ……………………………………….
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31 Extend the limits of debate, motion to …………..
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10 Fix the Time to which to Adjourn ………………..
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15 Leave to continue speaking when guilty of indecorum x .
x .
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19 Lie on the Table ……………………………… x .
x 3 .
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37 Limit Debate, motion to ………………………..
x .
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x .
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13 Objection to Consideration of a Question [7] ……..
x .
x .
x x x 13 Orders of the Day, motion for the ……………….
x .
x .
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x x 21 Postpone to a certain time ……………………..
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24 Postpone indefinitely ………………………….
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x x .
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20 Previous Question ……………………………..
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x .
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44 Priority of Business, questions relating to ……… x .
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16 Reading Papers ………………………………..
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27 Reconsider a debatable question ………………… .
x x .
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5 27 Reconsider an undebatable question ……………… x .
x .
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5 22 Refer (same as Commit) ………………………… .
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11 Rise (in Committee equals Adjourn) ……………… x .
x x .
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11 Shall the question be discussed?
[7] …………….
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x .
x x x 61 Special Order, to make a ……………………….
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23 Substitute (same as Amend) ……………………..
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18 Suspend the Rules ……………………………..
x .
x x x .
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59 Take from the table …………………………… x .
x 3 .
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44 Take up a question out of its proper order ……….
x .
x .
x .
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17 Withdrawal of a motion ………………………… x .
x .
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Notes To The Table.
(1) This column only applies to assemblies that have adopted these Rules.
If no rules are adopted, a majority vote is sufficient for the adoption of any motion, except to “suspend the rules,” which requires a unanimous vote.
[See Two-thirds Vote, below.
] (2) Undebatable if made when another question is before the assembly.
(3) An affirmative vote on this motion cannot be reconsidered.
(4) Allows of but limited debate upon the propriety of the postponement.
(5) Can be moved and entered on the record when another has the floor, but cannot interrupt the business then before the assembly; it must be made on the day the original vote was taken, and by one who voted with the prevailing side.
(6) An appeal is undebatable only when relating to indecorum, or to transgressions of the rules of speaking, or to the priority of business, or when made while the Previous Question is pending.
When debatable, only one speech from each member is permitted.
(7) The objection can only be made when the question is first introduced, before debate.
MISCELLANEOUS RULES.
Order of Precedence of Motions.
The ordinary motions rank as follows, and any of them (except to amend) can be made while one of a lower order is pending, but none can supercede one of a higher order: To Fix the Time to which to Adjourn.
To Adjourn (when unqualified).
For the Orders of the Day.
To Lie on the Table.
For the Previous Question.
To Postpone to a Certain Time.
To Commit.
To Amend.
To Postpone Indefinitely.
The motion to Reconsider can be made when any other question is before the assembly, but cannot be acted upon until the business then before the assembly is disposed of [see note 5 above], when, if called up, it takes precedence of all other motions except to adjourn and to fix the time to which to adjourn.
Questions incidental to those before the assembly, take precedence of them and must be acted upon first.
Two-thirds Vote.
In Congress the only motions requiring a two-thirds vote, are to suspend or amend the Rules, to take up business out of its proper order, and to make a special order.
In ordinary societies harmony is so essential, that a two-thirds vote should be required to force the assembly to a final vote upon a resolution without allowing free debate.
The Table conforms to the Rules of Order, which are based upon this principle.
If an assembly has adopted no Rules of Order, then a majority vote is sufficient for the adoption of any motion, except to “suspend the rules,” which would require a unanimous vote.
Forms of Putting Certain Questions.
If a motion is made to Strike out certain words, the question is put in this form: “Shall these words stand as a part of the resolution?
” so that on a tie vote they are struck out.
If the Previous Question is demanded, it is put thus: “Shall the main question now be put?
” If an Appeal is made from the decision of the Chair, the question is put thus: “Shall the decision of the Chair stand as the judgement of the assembly?
” [convention, society, etc. ].
If the Orders of the Day are called for, the question is put thus: “Will the assembly now proceed to the Orders of the Day?
” When, upon the introduction of a question, some one objects to its consideration, the chairman immediately puts the question thus: “Will the assembly consider it?
” or “Shall the question be considered?
” [or discussed.
] If the vote has been ordered to be taken by yeas and nays, the question is put in a form similar to the following: “As many as are in favor of the adoption of these resolutions, will, when their names are called, answer yes [or aye]—those opposed will answer no. ” Various Forms of Amendments.
An Amendment may be either (1) by “adding” or (2) by “striking out” words or paragraphs; or (3) by “striking out certain words and inserting others;” or (4) by “substituting” a different motion on the same subject; or (5) by “dividing the question” into two or more questions, so as to get a separate vote on any particular point or points.
Additions and Corrections.
[These corrections, though mostly contained in other parts of the Manual, are also needed in the places here indicated.
] 19th page, 7th line, after “§ 13” insert a star referring to this note: “See note to § 61. ” 50th ” 2d line of last note, omit all after “reconsideration.
” 51st ” at end of 12th line, insert “upon another day.
” ” ” 10th line, insert a star, referring to this note: “In Congress the effect always terminates with the session, and it cannot be called up by any one but the mover, until the expiration of the time during which it is in order to move a reconsideration.
” 69th ” 4th line, after “§ 34,” insert “or limiting or closing debate.
” 72d ” 17th line, insert a star referring to this note: “If both are personally interested.
[See p. 161. ]” 73d ” last line of note, insert “final” before “vote.
” 80th ” add to the list in § 39 the motion “To make a special order.
” INDEX.
The figures from 1 to 45 refer to sections in Part I; those greater than 45, to sections in Part II.
A complete list of motions will be found in the Index, under the title Motions, list of.
The arrangement of the work can be most easily seen by examining the Table of Contents [pp. 5-8]; its plan is explained in the Introduction, pp. 12-15. SECTION.
Adjourn, motion to ……………………………………… 11, 63b when in order ………………………………………… 11, 64 effect upon unfinished business ………………………… 11, 69 motion to “fix the time to which to adjourn” ……………… 10, 63 Amendment, motion to “amend” …………………………….
23, 56a by “adding” or “striking out” …………………………..
23, 56a by “striking out and inserting” ………………………… 23, 56a by “substituting” ……………………………………..
23, 56a by “dividing the question” …………………………..
4, 23, 56a of an amendment ……………………………………….
23, 56a in committee …………………………………………..
28, 53 in committee of the whole ………………………………….
32 of reports or propositions with several paragraphs ………..
44, 48b of Rules of Order, By-Laws and Constitutions ……………… 45, 73 motions that cannot be amended ………………………….
23, 56a Announcing the vote.
See Forms.
Appeal from the decision of the chair ……………………..
14, 61e Apply, meaning of (Introduction, page 14).
