CHAPTER IV. PRIVILEGED MOTIONS. 33. Preliminary statement.-The next class of motions which take precedence of the main question is privileged motions. These arise out of the needs of the assembly as a deliberative body. They concern only indirectly the main question, and that merely in so far as they delay action upon it, yet they take precedence of all others. This is because. they are essential not only to the proper consideration of that question but to the existence of the assembly itself as a working parliamentary body. They are unequal in rank among themselves. Three are called "privileged motions." Two classes are called "questions of privilege." The privileged motions are: (1) To adjourn; (2) to fix the time to which to adjourn; (3) to take a recess, and a clear knowledge of the rules governing them is necessary. 34. The motion to adjourn.-The motion to adjourn seeks to enable the assembly to rest and is highly privileged. It is frequently said that "a motion to adjourn is always in order," but there are too many exceptions to make it safe to lay down the rule quite so epigrammatically. For instance, a motion to adjourn cannot be made while a member has the floor, cannot interrupt the taking or verification of a vote and cannot be repeated until some business has intervened. When the assembly has not fixed the time to which it will adjourn, and that time is not fixed by law, adjournment would be equivalent to dissolution and is consequently debatable and opens up a field for discussion that is wide indeed. The motion to adjourn which is privileged is merely a proposition to stop then and resume at another time. If made when no other business is pending, it is claimed by high authority that it can be amended and debated like other questions. If made when other business is pending, it can neither be debated, or amended, and takes precedence of everything. To have this rank, however, the motion must be simply to adjourn without the addition of day or time. If another element is added it becomes debatable and amendable. A motion to adjourn does not require a quorum, neither does a motion to fix the time to which to adjourn if the time has not previously been fixed. The effect of an adjournment upon pending business is probably to postpone its consideration to the subsequent day and on that day, after the reading of the journal, it should be taken up in the condition in which the adjournment left it. However, the authorities differ about this. 35. The motion to fix the time to which to adjourn. The motion to fix the time to which to adjourn is also highly privileged when no time has been previously fixed as the regular hour of meeting after adjournment. In that case it takes precedence of any pending motion, including a motion to adjourn, but not a motion for a recess for a definite time. If the assembly, however, has fixed the time for reas sembling after adjournment, a motion to fix a different time has no priority over pending motions. 36. Motion to take a recess.-When the time has been fixed at which the session shall be resumed, a motion for a recess to that time, like a motion to adjourn for which it is the equivalent, is highly privileged and is not amendable or debatable. This is likewise true of a motion for a recess for a definite time short of the time so fixed, or at least, on principle, this should be so. 37. Questions of privilege.-Questions of privilege are, first, those affecting the assembly collectively, and, second, those affecting the rights, reputation, or conduct of members individually. Examples of breaches of privilege of the first class are disturbances, divulging the secrets of the body, or tampering with its records. Examples of the second class are an attempt to bribe a member, or the slander of a member. Questions of privilege are preferred as between themselves in the order above given, viz., first, questions which relate to the assembly; second, questions which relate to members; but either take precedence of all other motions except the three privileged motions when those are not debatable or amendable. It is said that they may even take a member from the floor and interrupt his remarks. 38. Questions of privilege-How raised.-Questions of privilege are addressed to the presiding officer. The member, rising, says: "Mr. Chairman, I rise to a question of privilege." The Chairman says: "The gentleman will state his question." The member thereupon states the question and the chairman decides whether it is privileged or not. If the ruling be that it is not privileged the business before the assembly is resumed. If the question be privileged, then it is for the assembly to take action upon it as upon any other matter. After it is disposed of the interrupted business is resumed. 39. Motion for orders of the day.-A motion to proceed to the orders of the day is to a considerable degree privileged and therefore is sometimes classed with privileged motions. This motion is not debatable or amendable. It may be made when a member has the floor, and takes precedence of everything except the three privileged motions and questions of privilege. If decided in the negative, the orders are discharged and the pending business proceeds. The form is: "Shall the orders of the day be taken up?" CHAPTER V. INCIDENTAL MOTIONS. 40. Preliminary statement.-Incidental motions are caused by considerations incidental to the matter pending at the time, and are consequently to be decided before the matter which gives rise to them. They pertain to: (1) The question of consideration; (2) questions of order; (3) reading of papers; (4) withdrawal of a motion; (5) suspension of a rule; (6) the method of consideration. 41. The question of consideration.-Some member, when the main question is stated by the chair, may think that the assembly should not consider it at all. He accordingly rises and says: "Mr. Chairman, on that I raise the question of consideration." The form of the question to be thereupon put without debate is: "Will the assembly consider the motion (or resolution)?" The question of consideration applies to the main question and to no other. It formerly was put as a matter of course, but of late years, if the question is not raised, the willingness of the assembly to consider the matter is assumed. The question must always be raised, if at all, before consideration has begun. 42. Questions of order.-Another obstacle to consideration is a point of order, which is a claim that the question cannot be considered because it conflicts with some parliamentary rule or some order of the |