Page images
PDF
EPUB

CHAPTER XIII.

OF THE QUESTION.

233. When any proposition is made to a deliberative assembly, it is called a motion; when it is stated or propounded to the assembly, for their acceptance or rejection, it is denominated a question; and, when adopted, it becomes the order, resolution, or vote, of the assembly.

234. All the proceedings, which have thus far been considered, have only had for their object to bring a proposition into a form to be put to the question; that is, to be adopted as the sense, will, or judgment, of the assembly, or to be rejected; according as such proposition may be found to unite in its favor, or to fail of uniting, a majority of the members.

235. When any proposition, whether princi. pal, subsidiary, ar incidental, or of whatever nature it may be, is made, seconded, and stated, if no alteration is proposed, admits of none, or if it is amended, and the

[ocr errors]

or if it

debate upon it, if any, appears to be brought

to a close, the presiding officer then inquires, whether the assembly is ready for the question? and, if no person rises, the question is then stated, and the votes of the assembly. taken upon it. [¶ 335.]

236. The question is not always stated to the assembly, in the precise form in which it arises or is introduced; thus, for example, when a member presents a petition, or the chairman of a committee offers a report, the question which arises, if no motion is made, is, Shall the petition or the report be received? and, so, when the previous question is moved, it is stated in this form, Shall the main question be now put? — the question being stated, in all cases, in the form in which it will appear on the journal, if it passes in the affirmative.

237. In matters of trifling importance, or which are generally of course, such as receiving petitions and reports, withdrawing motions, reading papers, &c., the presiding officer most commonly supposes or takes for granted the consent of the assembly, where no objection is expressed, and does not go through the formality of taking the question by a vote. But if, after a vote has been informal way and declared, anv

taken in this

* [T 313.1

member rises to object, the presiding officer should consider every thing that has passed as nothing, and, at once, go back and pursue the regular course of proceeding. Thus, if a petition is received, without a question, and the clerk is proceeding to read it, in the usual order of business, if any one rises to object, it will be the safest and most proper course, for the presiding officer to require a motion for receiving it to be regularly made and seconded.

238. The question being stated by the presiding officer, he first puts it in the affirmative, namely: As many as are of opinion thatrepeating the words of the question, -say aye; and, immediately, all the members who are of that opinion answer aye; the presiding officer then puts the question negatively; As many as are of a different opinion, say no; and, thereupon, all the members who are of that opinion answer no. The presiding officer judges by his ear which side has "the more voices," and decides accordingly, that the ayes have it, or the noes have it, as the case may be. If the presiding officer is doubtful as to the majority of voices, he may put the question a second time, and if he is still unable to decide, or, if, having decided according to his judg

ment, any member rises and declares, that he believes the ayes or the noes (whichever it may be) have it, contrary to the declaration of the presiding officer1, then the presiding officer directs the assembly to divide, in order that the members on the one side and the other may be counted.

239. If, however, any new motion should be made, after the presiding officer's declaration, or, if a member, who was not in the assembly-room when the question was taken, should come in, it will then be too late to contradict the presiding officer, and have the assembly divided.

240. The above is the parliamentary form of taking a question, and is in general use in this country; but, in some of our legislative assemblies, and especially in those of the New England states, the suffrages are given by the members holding up their right hands, first, those in the affirmative, and then those in the negative, of the question. If the presiding officer cannot determine, by the show of hands, which side has the majority, he may call upon the members to vote again, and if

[ocr errors]

1 The most common expression is: "I doubt the vote," or, "that Yote is doubted."

he is still in doubt, or if his declaration is questioned, a division takes place. When the question is taken in this manner, the presiding officer directs the members, first on the affirmative side, and then on the negative, to manifest their opinion by holding up the right hand.

241. When a division of the assembly takes place, the presiding officer sometimes directs the members to range themselves on different sides of the assembly-room, and either counts them himself, or they are counted by tellers appointed by him for the purpose, or by monitors permanently appointed for that and other purposes; or the members rise in their seats, first on the affirmative and then on the negative, and (standing uncovered) are counted in the same manner. When the members are counted by the presiding officer, he announces the numbers and declares the result. they are counted by tellers or monitors, the tellers must first agree among themselves, and then the one who has told for the majority reports the numbers to the presiding officer, who, thereupon, declares the result.

When

242. The best mode of dividing an assembly, that is at all numerous, is for the presiding

« PreviousContinue »