still doubtful, a standing vote, or some other equally accurate method of determining it, should be tried. When a standing vote is ordered the chairman says: "As many as favor the motion will rise and stand in their places until counted." After the count he says: "You will please be seated. Those opposed will rise and stand in their places until counted." The count may be made by the chair or clerk or by tellers appointed by the chair.

22. Voting by roll call. The assembly may always direct how any particular vote or how all votes shall be taken except that, under the National Constitution and those of several of the states, the yeas and nays may be ordered by one-fifth of the members present. This order may be made at any time before a vote taken in some other way is declared. The process of taking a vote by yeas and nays is as follows: The presiding officer says: "The question is (whatever the question may be). As many as favor the question will, when their names. are called, answer 'Yes'; those opposed, 'No.' The clerk will call the roll." Thereupon the clerk calls each name in alphabetical order and as each member answers notes his vote. After the first name has been called the roll cannot be interrupted, even by the arrival of the hour fixed for adjournment. When the roll has been called through the chairman says: "Those voting 'yes' are- ; then the clerk calls the names of those noted as voting "yes." When this is finished the chairman says: "Those voting 'no' are," and the clerk reads the names of those noted as voting "no." Then the chairman says:

"Those absent or not voting are-," and the clerk reads their names. When all desired corrections are made the clerk ascertains the result and the chairman declares it.

If the number voting is less than a quorum that fact does not of itself determine the invalidity of the decision, but the house must be counted for the purpose and the result of this count will alone determine the facts, although it is the duty of every member of a deliberative assembly, if present, to vote when the question is first put.

23. When the presiding officer votes.-The presiding officer, when a member of the body, has, as already stated, an undoubted right to vote upon every question. In practice, however, he is not expected to vote, except when a ballot is taken or when his vote would change the result. He is expected to vote accordingly when his vote, if given on the side which he favors, would make a tie, or break a tie and thereby change the result, or complete or defeat a required two-thirds (or other fractional) vote and likewise change the result.

CHAPTER III.

SUBSIDIARY MOTIONS.

24. Preliminary statement.-We are now prepared to consider the various kinds of motions which may follow the launching of the main question and postpone the final vote upon it. When a motion is regularly before the assembly, no other motion can be received unless it be one which takes precedence of the question under consideration and is entitled to be first decided. Motions thus previous in their nature are divided into three classes or groups and called "subsidiary," "privileged," and "incidental."

25. The subsidiary motions and the precedence among them.-Subsidiary or secondary motions are those which relate to a principal motion and are made use of to enable the assembly to dispose of it in the most acceptable manner. The usual subsidiary or secondary motions are: (1) To lay on the table; (2) for the previous question; (3) to postpone indefinitely; (4) to postpone to a time certain; (5) to refer to a committee; (6) to amend. These motions are entitled by the common parliamentary law to a certain precedence as among themselves.

The authorities are not entirely agreed about it, but the better opinion seems to be that to lay upon the table stands first; then the previous question, to postpone, either indefinitely or to a time certain, and to commit or refer (but with no precedence as

among these latter) and, last of all, to amend, although there is good authority for classing indefinite postponement and amendment as of equal rank. This common law order, however, is generally changed by a special rule in assemblies of importance. The order of precedence usually adopted is: (1) To lay on the table; (2) for the previous question; (3) to postpone indefinitely; (4) to postpone to a time certain; (5) to commit, refer or recommit; (6) to amend. A consideration of the form, nature, and effect of each of these motions is next in order.

26. Motion to lay on the table. This motion is, theoretically, a motion to suspend the consideration of a question during the pleasure of the house. It is not debatable or amendable. When a question is tabled it usually carries with it all connected questions. Thus the main question carries all pending amendments and a tabled amendment carries with it the main question. However, motions to reconsider and appeals from the rulings of the chair, if tabled, carry nothing with them. Tabled matter may always be taken from the table at the pleasure of the house and, when called up, comes before the assembly precisely as it stood when tabled with all the amendments and motions then pending. While the motion to lay upon the table has first privilege among subsidiary motions, the motion to take from the table has no privilege at all. In the National House of Representatives, by a special rule or custom, tabled matter cannot be taken up again. While this is the practical result in all other bodies, it is not the necessary one. If the motion to lay upon the table

be defeated, the original question proceeds as before and the motion to table may be revived whenever new business has intervened or the original question has progressed one or more steps. A distinction is made between the "speaker's table" and "the table of the house." The latter table is alone the subject of the motion in question. Whatever is under the present consideration of the assembly, or, having been taken up, is for any reason temporarily laid aside, is said to be on the speaker's table.

27. Motion for the previous question.-This motion in the United States, and at the present time, has lost its original purpose and effect as used in England. In England the proposers of the motion desire a negative decision and use it to defeat the measure. We desire an affirmative decision and use it to forward the measure. Accordingly, while the effect of an affirmative vote both in Parliament and here is the same, viz., the putting of the main question immediately and without further debate, delay, or intervening motion of any kind, even to adjourn, the effect of a negative vote has come to be radically different in the two countries. In England all further discussion of the matter is suspended for at least the day, while in this country the consideration goes on as if the motion had never been made.

The different effect which our practice gives to a negative vote upon the question renders desirable a change in the traditional form of putting it. That form is: "Shall the main question be now put?" A better form would be: "Mr. A moves the previous question; as many as favor the motion will say 'aye,'