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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. Mell, par. 154.

The presiding officer may speak on points of order in preference to other members, and he decides all questions of order subject to appeal, and no other business is in order till the question on the appeal has been decided. Warrington, p. 5.

When a question of order arises in the course of any other proceeding it supersedes the further consideration of the subject out of which it arises until that question is disposed of. Cushing, par. 1459. It is irregular to raise one point of order on another, so that there may be two questions of order pending at once. Cushing, par. 1463.

Order of Business.

When gone through with can only be resumed by unanimous consent.

Lt.-Gov. Saxton, Senate Journal, 1896, p. 386. Motion to suspend can only be made in order of motions and resolutions.

Lt.-Gov. Woodruff, Senate Journal, 1897, p. 1325.

46

Of the Rules in Regard to Voting.

Upon a division in the Senate, the names of those who voted for or against a question, shall be entered alphabetically on the minutes, if any Senator requires it, except upon motion to excuse a Senator from voting, which shall be decided by count; and each Senator called upon, unless for special reasons he is excused by the Senate, shall declare openely and without debate, his assent or dissent to the question."- Senate rule 38.

66 Every member who shall be within the bar of the House when a question is stated from the Chair, shall vote thereon, unless he is excused by the House, or unless he is directly interested in the question. Nor shall the roll of absentees be more than once called. The bar of the House shall be deemed to include the body of the Assembly Chamber." Assembly rule 32.

Any member requesting to be excused from voting, upon the final passage of a bill or upon the passage of a resolution requiring the expenditure of money, may make, when his name is called, a brief statement of the reasons for making such request, not exceeding two minutes in time; and the House, without debate, shall decide if it will grant such request; but nothing in this rule contained shall abridge the right of any member to record his vote on any - question previous to the announcement of the result."Assembly rule 51.

The rules of both Houses permit a member, when called upon to vote, to ask to be excused, and to assign, of course, briefly, and by the Assembly rule, verbally, his reasons. If not excused, his refusal or neglect to vote is a breach of order, and punishable as such.

But the member refusing or omitting to vote, to be amenable to punishment, must have had every opportunity which the rules secure to understand the

question on which he is required to put himself on record; a previous compliance with all the other rules that are applicable being necessary to sanction the infliction of punishment in such a case.

Votes Change of.

In a legislative body no member is allowed, under any circumstance, to vote or change his vote after the result is announced by the chair. Under such circumstances, a member, if he desires to have his opinion known, may, if allowed, have a statement put upon the journal as to the way he would have. voted. Warrington, p. 25.

Vote Tie.

When there is a tie vote the motion fails unless the chair gives his vote in the affirmative. Where his vote will make a tie, he can cast it, and thus defeat the measure.

Roberts, p. 94.

Of Privileged Questions.

Privileged questions are so-called, because they are exceptions to the general rule, that the question first moved and seconded must be first put.

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None but the class of privileged questions can brought forward whilst there is another question before the House, the rule being that when a motion has been made and seconded, no other can be received, except it be a privileged one." Jefferson's Manual.

Privileged questions are either made such by special rule or parliamentary usage, or they are

necessarily incidental to, and arise out of, other questions, privileged or not.

Privileged questions, of course, take the place of and must be decided before the primary question, or the question to which they are incidental.

Privileged questions not only take the place of the primary question or the question to which they are incidental, but they may take the place of each other, being of different grades among themselves, and having precedence one over another.

The class of privileged questions established by special rule will be first considered.

They are privileged questions on filling blanks:

"When a blank is to be filled, and different sums or times shall be proposed, the question shall be first taken on the highest sum and longest time."- Senate rule 30.

There is then the class of privileged questions generally; that is, such as are equally applicable whatever the question before the House.

"When a question is before the Senate, only the following motions shall be received, and such motions shall have precedence in the order here stated, viz.: 1. For an adjournment. 2. For a call of the Senate. 3. To lay on the table. 4. To postpone indefinitely. 5. To postpone to a certain day. 6. To commit to a standing committee. 7. To commit to a select committee. 8. To commit to the committee of the whole. 9. To amend. The motion to adjourn or for a call of the Senate or to lay on the table shall be decided without debate, and shall always be in order, except as provided in rules 1-33 and 48."- Senate rule 26.

"When a question shall be under consideration no motion shall be received, except as herein specified, which motions

shall have precedence in the order stated, viz.: 1. For an adjournment of the House. 2. A call of the House. 3. For the previous question. 4. To lay on the table. 5. To postpone to a certain day. 6. To commit. 7. To amend. 8. To postpone indefinitely." Assembly rule 24.

It will be perceived that the rules of both Houses establish a class of privileged questions, and give priority to one privileged question over another, assigning to the question of adjournment the foremost grade.

But it does not follow that, aside from the question of adjournment, there is no gradation, as to priority among the privileged questions established by the rules. Parliamentary usage assigns them such priority, one over another. Thus the question of tabling, though last moved, supersedes the question of amendment, postponement or commitment. Again, amendment and commitment competing, the latter question, though last moved, is first put. And again, amendment and postponement competing, postponement, though last moved, is put first.

It will be perceived, also, that with the exception of the questions of adjournment and of a call of the House, the entire class of privileged questions in both Houses, have reference to the original or primary questions, usually called the main question; that is, their object and effect is to amend, postpone, commit, table or precipitate such main question.

But the point, nevertheless, sometimes arises, whether one privileged question can be moved on another that is, whether it be admissible -a privi

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