SECT. V. COMMITTEE OF THE WHOLE. 297. When a subject has been ordered to be referred to a committee of the whole, the form of going from the assembly into committee. is, for the presiding officer, at the time appointed for the committee to sit, on motion made and seconded for the purpose, to put the question that the assembly do now resolve itself into a committee of the whole, to take under consideration such a matter, naming it. If this question is determined in the affirmative, the result is declared by the presiding officer, who, naming some member to act as chairman of the committee, then leaves the chair, and takes a seat elsewhere, like any other member; and the person appointed chairman seats himself (not in the chair of the assembly but) at the clerk's table. 298. The chairman named by the presiding officer is generally acquiesced in by the committee; though, like all other committees, a committee of the whole have a right to elect a chairman for themselves, some member, by general consent, putting the question. [¶340.] 299. The same number of members is necessary to constitute a quorum of a com-· mittee of the whole, as of the assembly; and if the members present fall below a quorum, at any time, in the course of the proceedings, the chairman, on a motion and question, rises, the presiding officer thereupon resumes the chair, and the chairman informs the assembly (he can make no other report) of the cause of the dissolution of the committee. 300. When the assembly is in committee of the whole, it is the duty of the presiding officer to remain in the assembly-room, in order to be at hand to resume the chair, in case the committee should be broken up by some disorder, or for want of a quorum, or should rise, either to report progress, or to make their final report upon the matter committed to them 301. The clerk of the assembly does not act as clerk of the committee (this is the duty of the assistant clerk in legislative bodies), or record in his journal any of the proceedings or votes of the committee, but only their report as made to the assembly. 302. The proceedings in a committee of the whole, though, in general, similar to those in the assembly itself, and in other committees, are yet different in some respects, the principal of which are the following: 303. First. The previous question cannot be moved in a committee of the whole. The only means of avoiding an improper discussion is, to move that the committee rise; and, if it is apprehended, that the same discussion will be attempted on returning again into committee, the assembly can discharge the committee, and proceed itself with the business, keeping down any improper discussion by means of the previous question1. 304. Second. A committee of the whole cannot adjourn, like other committees, to some other time or place, for the purpose of going on with and completing the consideration of the subject referred to them; but, if their business is unfinished, at the usual time for the assembly to adjourn, or, for any other reason, they wish to proceed no further at a particular time, the form of proceeding is, for some member to move that the committee rise, — report progress, and ask leave to sit 1 If the object be to stop debate, that can only be effected, in the same manner, unless there is a special rule, as to the time of speak ing, or to taking a subject out of committee. again; and, if this motion prevails, the chair man rises, -the presiding officer resumes the chair of the assembly, and the chairman of the committee informs him that the committee of the whole have, according to order, had under their consideration such a matter, and have made some progress therein1; but, not having had time to go through with the same, have directed him to ask leave for the committee to sit again. The presiding officer thereupon puts a question on giving the committee leave to sit again, and also on the time when the assembly will again resolve itself into a committee. If leave to sit again is not granted, the committee is of course dissolved. 305. Third. In a committee of the whole, every member may speak as often as he pleases, provided he can obtain the floor; whereas, in the assembly itself, no member can speak more than once. 306. Fourth. A committee of the whole cannot refer any matter to another committee; but other committees may and do frequently exercise their functions, and expedite their 1 If it is a second time, the expression is, "some further progress," &c. business, by means of sub-committees of their own members. 307. Fifth. In a committee of the whole, the presiding officer of the assembly has a right to take a part in the debate and proceedings, in the same manner as any other member. 308. Sixth. A committee of the whole, like a select committee, has no authority to punish a breach of order, whether of a member, or stranger; but can only rise and report the matter to the assembly, who may proceed to punish the offender. Disorderly words must be written down in committee, in the same manner as in the assembly, and reported to the assembly for their animadversion. 309. The foregoing are the principal points of difference between proceedings in the assembly and in committees of the whole; in most other respects they are precisely similar. It is sometimes said, that in a committee of the whole, it is not necessary that a motion should be seconded. There is no foundation, however, either in reason or parliamentary usage, for this opinion. 310. When a committee of the whole have gone through with the matter referred to them, |