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Most deliberative bodies, exercising thereby an inherent right, enact a few special rules for their own guidance. These rules modify or add to the common parliamentary practice of the text books and thus correspond with the statutory division of municipal law. Some of these special rules are of frequent occurrence and will be referred to hereafter. An original treatment of the subject is no longer possible and would not be useful if attempted. This article is, accordingly, much indebted to the standard manuals. (See Bibliography at end of this article.)

2. Organization of assemblies-Members.-Inasmuch as the law of debate presupposes a lawful debater, a brief consideration of the organization and membership of assemblies stands at the threshold of parliamentary law.

Assemblies differ not only in their character as voluntary and prescribed by law, but also in the nature of the right of membership. Some require an elaborate, others the simplest, organization.

An assembly may be a voluntary one called together by interested parties, and of such anyone who is invited will be a member. Political mass meetings are of this class. Again, an assembly may be prescribed by law, and those only can be members who are chosen in accordance with that law, or who, by virtue of credentials regular on their face, appear to have been so chosen. Legislatures are examples of this class. Other assemblies are constituted pursuant to a call by competent authority in such a way that each member, though chosen by a

voluntary body, must present evidence of such choice. Political nominating conventions are of this description.

It is evident that these different kinds of assemblies require different kinds of organization. Those the membership of which cannot be in dispute organize at once and need but a simple system. Those the membership of which might be in dispute cannot fully organize until the preliminary question of membership is settled. In legislative bodies some officer, specified by law, makes up a roll which is regarded as conclusive for the time being, and those named thereon having been called to order by him or by some other specified person, proceed to permanent organization. Until the presiding officer is chosen this person presides. In such assemblies as nominating conventions, the right to sit in which is attested by credentials, a temporary organization is first had, the credentials are immediately examined by a committee whose report is submitted to the assembly and passed upon, and the permanent organization follows. All kinds of deliberative assemblies, however, have and exercise the right, should any question arise, to pass finally upon the qualifications of their own members. When a question arises involving the right of a member to his seat he is entitled to be heard on the matter, but should withdraw before a vote is taken.

3. Officers. The usual and necessary officers of an assembly are a presiding and a recording officer, both of whom are chosen by the assembly itself except in the case of presidents of senates. The

president of a state senate is usually the lieutenant governor ex-officio. The president of the United States senate is similarly the national vice-president. The presiding officer of a house of representatives is called the speaker, in other bodies he is called the president, and the recording officer the secretary, although these officers are sometimes designated, respectively, chairman and clerk. The presiding officer of a religious assembly is usually addressed as moderator, and the recording officer as scribe. A vicepresident or a president pro tempore, if appointed and present, should preside whenever the president vacates the chair. The secretary of state generally calls a new state senate to order and presides until the lieutenant governor is sworn in or a president pro tempore elected. Houses of representatives are first presided over by the speaker of the preceding house. The chairman of the state central committee calls the state convention of his party to order and frequently designates the temporary chairman. Town meetings are called to order by the first selectman and then proceed to elect a chairman. Voluntary assemblies may well be called to order by the person or one of the persons upon whose invitation they meet.

In selecting a chairman for any meeting all necessary or desired nominations for officers should first be made. The person calling the meeting to order should then rehearse the list of nominees and put the vote upon each in the order in which they were nominated. A presiding officer can never be properly chosen by a mere plurality of votes even in those states in which state officers are so elected,

unless the assembly, by a majority vote, has previously so ordered. He should be chosen by, or in accordance with the direction of, a clear majority of the body in which he is to officiate, for otherwise he might, by a majority vote, be removed as soon as seated.

4. Control of meeting place. The place where an assembly is held being in its possession, no person is entitled to be present there except by its consent, and if any person refuse to withdraw or conduct himself improperly the assembly may, unquestionably, employ sufficient force to remove him. It may keep its own members in as well as strangers out, both of which rights are frequently exercised.

5. Special rules of procedure.-After organization rules of procedure should be adopted if any departure from common parliamentary practice is desired. When thus adopted these rules will, pro tanto, supersede the common law. To avoid all disputes as to what the common parliamentary law is it is prudent for the assembly to specify the textbook which shall declare it. A difference of opinion exists as to whether rules once adopted can be modified in any other way than that prescribed in the rules. themselves. The weight of authority holds that they cannot.

6. Quorum.-The "quorum" of an assembly is that number which must be present to make the assembly a body competent to transact business. There is no rule applicable to all cases. Assemblies which are not representative or judicial and where all are principals, do not require a quorum. Town

meetings in New England, stockholders' meetings, and voluntary gatherings generally are of this class. Where a body is a representative one performing the functions of government for a constituency, or a financial one managing the business of the corporation which selected it, the quorum is a majority. Legislatures, city councils, and boards of directors are of this class. Where the body is appointed to perform a single act which requires the exercise of judgment, the whole board constitutes the quorum. All must be present and deliberate, although the majority is competent to act. Referees are of this class. In most public bodies the number necessary to make a quorum is fixed by law. In voluntary bodies it may be fixed by the body itself. The quorum required to render an assembly competent to transact business is a present quorum and not a voting quorum. If the number necessary to make a quorum is actually present, it makes no difference how many or how few participate in a decision. Those who sit silent are regarded as consenting to the result.

In strictness, a chairman ought not to take the chair until after the appearance of a quorum, but in practice he generally does and, until the question is raised, a quorum is always assumed to be present, even when neither the voting or the appearance of the assembly indicates it. If, when the question is raised, a count of the house discloses the absence of a quorum, the assembly must adjourn, unless it remains in session to persuade, or (if given that right by law) to compel, the attendance of absent members. If it adjourn, it may fix the time to which

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