Abbildungen der Seite
PDF
EPUB

66

ing order in the conduct of public business. In most assemblies for a temporary purpose it is usual either to adopt the rules of the house of representatives, or to permit the chairman to decide questions of order and precedence according to his understanding of parliamentary law. In permanently organized bodies the constitution and by-laws adopted form the leading rules which control action, though at all meetings appeal to a more comprehensive code of parliamentary law is often necessary. In the house of representatives the latest thorough revision of the rules was in 1880. This revision embraces forty-five separate rules divided into sections, the last of which provides that these shall be the rules of each congress unless otherwise ordered. Thomas Jefferson has the honor of having formulated, while vice-president, the first rules of parliamentary law ever put into systematic form in this country. The rules laid down in his Manual of Parliamentary Practice" (first published in 1801) are still declared to govern the house where they are applicable, and not inconsistent with the standing rules adopted. Each house having constitutional power to determine the rules of its proceedings, those of the senate and house differ widely. A standing committee on rules exists in each body, of which in the house, the speaker forms one. Several notable struggles over the application or the radical change of the rules have occurred, one of which, in the 47th congress, drew a decision from the speaker that, as the right of the house to determine its rules was a constitutional one, the majority had at all times the power to make or to alter rules independently of the existing ones, and that no dilatory motions to obstruct their adoption or amendment could be enter-nations made by the president in executive session tained. The suspension of the rules is moved so as to make some business in order which would not be regularly so under the rules. This requires a vote of two-thirds of those present, and must be seconded by a majority, counted by tellers if demanded. This motion is debatable for thirty minutes only. It can be made only on the first and third Mondays of each month, or during the last six days of a session. The rules of the senate, as last revised, in 1877, are seventy-eight in number. No motion to modify or suspend a rule is in order except on one day's notice in writing; but any rule except the 18th (regulating the vote by yeas and nays) may be suspended by unanimous consent of the senate. In parliament the rules are called standing orders, which continue from one parliament to another until modified. The "sessional orders" are resolutions renewed from year to year, and are few in number. In the French chamber of deputies the rules are embodied in a code of 154 articles, which the president is required to maintain. Any appeal to the rules or question of order takes precedence of whatever business is in hand, and suspends debate. - SCRUTIN DE LISTE. This signifies a vote by ticket, and is required in the French chambers in the election of vice-presidents, secretaries and

| questors. -SEATS. Technically, the seat of a member is his function of representative; literally, it is the chair, desk or bench occupied by a member. The seats of senators and representatives in congress are arm-chairs, each provided with a writing desk. In the house they are drawn by lot, at the organization, every two years; in the senate they are "spoken for" or selected in advance when vacancies occur, by individual senators. In both, members of the same party sit together in general, the democrats occupying the seats to the right of the chair, and the republicans those to the left. In parliament and in the French chambers benches are used as seats, and no desks are tolerated. - SECRET SESSION. In the senate, sessions for the consideration of executive business (nominations to office and treaties) are held with closed doors. These executive sessions may be moved at any stage of the open or legislative session, but are more commonly held just before final adjournment for the day. The chamber is then cleared of all persons except the secretary, four clerks, and the sergeant-at-arms and such of his assistants as the president deems necessary, all of whom must be sworn to secrecy. Any senator disclosing confidential proceedings of the senate is liable to expulsion, and any officer to dismissal and punishment for contempt. But though this is the rule, the practice is widely different; and the votes and speeches in secret session become known so speedily and so generally as to lead to the conclusion that an injunction of secrecy is a dead letter. To adopt a treaty laid before the senate by the executive the concurrence of twothirds of the senators present is necessary. Nomi

are referred to committees for consideration and report. No nomination to office can be confirmed on the day it is received or reported, except by unanimous consent. No extract from the executive journal (of secret proceedings of the senate) can be furnished, except by special order of the senate. All the sessions of the senate were secret until the 6th congress (1799), when that body voted to give them the publicity ever since maintained. Rule thirty of the house provides for secret sessions to receive confidential communications from the president, or at the instance of the speaker or any member who has communications which he believes ought to be kept secret for the present; but there has been no such instance for many years. In parliament, though the presence of the public is legally ignored, there are always a limited number of spectators in each house, except when (in rare instances) a member moves that strangers be excluded because of some debate which it is deemed expedient to keep secret. SECRETARY. Next to the presiding officer the most important organ of a public assembly is the secretary or clerk, these two terms being interchangeable, to denote the recording officer. He is to keep the record of proceedings (minutes or journal), and it is usual to have this record read and approved at

[ocr errors]

the meeting next following that which it covers. This record should embrace every motion or resolution, whether adopted, amended, rejected, or otherwise disposed of. The secretary has the custody of all papers, and should keep an order of business, list of all committees, reports, votes, etc. The secretary of the senate performs the same duties as the clerk of the house of representatives (see Clerk), and, in addition, pays the salaries of members of the senate, which is done in the house by the sergeant-at-arms.- SENATORS. (See Elections.)-SERGEANT-AT-ARMS. This officer represents the authority of the body to enforce its rules, and protect its dignity. In the house and senate he is an elective officer, and in the former body is charged with paying the salaries of members. He is required in both houses to attend the sittings of the body, to maintain order and decorum, to serve process and make arrests when ordered, to take absentees into custody upon a call of the house, and to make regulations to protect the capitol and public property therein, including (in conjunction with the architect of the capitol) the appointment and control of the capitol police. In parliament the sergeant-at-arms of each house is appointed by the crown and for life. Besides similar duties to those defined above, he is a leading figure on state occasions. SESSION. This term denotes, 1, the time occupied by a sitting of the body after organizing for the day till adjournment; 2, the time spent in public business (usually several months), from the first convening of the members until their adjournment to the next session. Two annual sessions are usual in congress, although one or more extra sessions have been not infrequent, which are called "special sessions," to distinguish them from the annual. The annual sessions begin on the first Monday in December, and terminate on the fourth of March at noon every alternate year, i. e., the odd years, when the term of a congress expires. In the even years, when this limitation does not exist, the session continues from five to nine months. (See CONGRESS, SESSIONS OF, vol. i., p. 594.) Sessions of parliament usually last from February to August, besides which, special sessions occur when public emergency demands.-SPEAKER. This is the name of the presiding officer in each house of parliament, and in the house of representatives of the American congress. Being, as his title imports, the mouthpiece or organ of the body, the speaker is to express the will of the house. In congress he is elected vivá voce, on the convening of each new congress, and the completion of the roll-call of memberselect. Upon being chosen, he is usually installed in the chair by the members who were his rival candidates for the office; the oath is administered to him by the oldest member in continuous service, after which he swears in all the other members, before entering on any other business. He receives $8,000 salary; he succeeds to the presidency, in case of the office being vacant through failure to fill it by the president, vice-president or

|

president of the senate. It is his duty to preserve order, state all questions, decide points of order, name members to speak, appoint all standing and select committees, sign all acts, joint resolutions and processes of the house, appoint its official reporters and stenographers of committees, and have control of the hall, etc. The speaker has the right to vote as a member, but is not required to vote except in case of a tie, or when the house votes by ballot. If absent without having appointed a member to perform the duties of the chair (which power is limited to ten days), the house must elect a speaker pro tempore. - SPECIAL ORDERS. (See Orders.) — STANDING ORDERS. (See Rules.)— STRIKING OUT. In the house a motion to strike out part of a bill, if lost, does not preclude a motion to strike out and insert. The motion to strike out and insert can not be divided. A motion to strike out the enacting clause of a bill has the effect to reject the bill; such motion takes precedence of a motion to amend. — SUBSTITUTE. A substitute for an amendment in the second degree is in order, but can not be voted on until the original matter is perfected. Any committee may report a substitute for any bill referred to them, when the substitute alone is considered, and is treated as an original bill. - SUNDAY. Both houses of congress sometimes sit on Sunday, when public business is pressing. In such cases it is usual to continue the journal as of the preceding day's date. In parliament four Sunday meetings of the body are recorded as occasioned by the demise of the crown, and on several other occasions debates have been continued into Sunday morning. SUPPLY. This is the technical term applied in parliament to all appropriations for the public service. The right of the commons to originate bills of supply is paramount, and the lords may not amend such bills except verbally. Sometimes the commons have tacked to bills of supply measures which by themselves would have been rejected by the lords; but this has been resisted by protest, by conference, and by rejection of the bills, and there is no recent instance of attempts to force the lords by putting "riders" on bills which the lords have no right to amend. (See BUDGET, vol. i., p. 318; also Appropriations and Revenue Bills.) — SUSPENSION OF RULES. (See Rules.)- TABLE. In a public assembly the motion to lay any matter on the table takes precedence of all questions except those of privilege and adjournment. It is not debatable, and can not be amended. It does not imply the defeat of a measure, but simply removes it from consideration until it is voted to take it from the table. But in the house of representatives the usual purpose of the motion to lay on the table is to give a measure its death-blow, and when it prevails it is rarely taken up again during the session. If carried, the effect of the motion to table is to defer the principal question under consideration and all matters connected with it. In congress all business coming from the other house, or communications

from government officers, are laid on the table unless referred to a committee or otherwise disposed of. A motion to lay upon the table is in order on the second and third reading of a bill. When a motion to reconsider is laid on the table the latter vote can not be reconsidered, and if carried, is held in both houses to be a final disposition of the motion. The business on the speaker's table implies, 1, executive communications; 2, messages from the senate, with bills passed or amended by them; 3, engrossed bills. Near the close of a session a great accumulation of bills, etc., in every stage of progress toward enactment, lies on the speaker's table, most of which usually remains undisposed of. In the senate all resolutions, reports of committees, and discharges of committees from the consideration of subjects, must lie on the table one day for consideration, unless otherwise determined by unanimous consent. TELLERS. By a rule of the house of representatives a vote must be taken by tellers if demanded by one-fifth of a quorum; or the speaker may appoint tellers if in doubt as to the viva voce or the rising vote. He must name a member from each side of the question to act as teller; these two meet in the middle aisle and shake hands; the chair requests all members voting in the affirmative to pass between the tellers, who count them, and report to the clerk's desk; those voting in the negative are next called to pass between the tellers; this count being reported, the chair declares the result. It is customary, when on a division less than half the house vote, for the speaker at once to order tellers. In parliament two tellers from each party are appointed to count the members when dividing the house. In the United States senate no vote is ever taken by tellers. (See Division, also Vote.) — TERRITORIES. The delegates from territories have seats and salaries in the house like other members, with the right to speak and participate in business by offering.motions, etc., and (latterly) to be appointed on eight of the standing committees. They have no right to vote. The territories are called every Monday, after the states, for bills, memorials, etc., for reference. TIE VOTE. When the votes are equal in number on each side of any question, the general parliamentary rule is that the question is lost; but in the senate the vice-president has the casting or decisive vote in case of a tie; though in his absence the president pro tem., having already voted as a senator, can not decide the result as presiding officer, and if the votes are equal the question is lost. In the house the speaker is required to vote only when his vote would be decisive if counted; and in all cases of a tie vote the question is lost. In the house of lords the speaker votes as a peer, and has no casting vote as presiding officer. In the house of commons the speaker has the casting vote in case of a tie, but does not vote as a member. - Two-THIRDS VOTE. A majority of two-thirds is required in the house to suspend the rules, to dispense with the morning hour for call of committees, to dispense with pri

[ocr errors]

vate business on Fridays, or to pass in either house a bill vetoed by the president. The latter majority is construed to mean two-thirds of the members present, not of the whole number of members. - UNANIMOUS CONSENT. (See Consent.)-VACANCY. Vacancies in the membership of assemblies can usually be filled in accordance with the vote of the majority of members. In congress senatorial vacancies are notified to the governor of the state, who, in the recess of the legislature, may fill the vacancy by appointment, pending the choice of a senator by the legislature when next convened. A vacancy in the house can be filled only by a new election by the people of the congressional district left without a representative. Vacancies in the house of commons are filled by election pursuant to a writ issued out of chancery by warrant from the speaker. - VETO. In the congress of the United States and in most of the state legislatures any bill passed may be disapproved by the executive for reasons given. This veto may be overruled in congress by a vote of two-thirds of the members of each house present and voting. In parliament, though the crown may legally veto any measure passed, the power has not been exercised for about two centuries (See VETO.)- VOTE. The sense of an assembly is declared by its votes. In most formal or informal meetings the chair is to put all questions to vote after inquiring if the assembly is ready for the question, in case it is a debatable one. There are various forms of taking a vote: 1, viva voce, by the chairman calling successively the ayes and the noes, and declaring the question carried or lost according to the preponderance of voices; 2, by a show of hands, each side in succession holding up the right hand and being counted; 3, by rising and standing until counted on either side; 4, by a count of members passing through tellers, those in favor of the measure going first, and those opposed after, the number of each side being reported by the tellers and declared by the chair; 5, by yeas and nays, where each member answers to the call of his name, and is registered in a formal record; 6, by ballot, or secret written vote-this is used chiefly in the election of officers or committees by the assembly itself. In the house a member has the right to change his vote before the result has been announced by the chair. Every member must vote on each question put, unless excused, or directly interested in the event of the question. The result of every vote, and the names voting on every roll-call, with the absentees, are published in the journal and in the congressional record. In parliament the votes and proceedings are printed and distributed daily. (For methods of voting in parliament, see Division; see also Ballot, Division, Tellers, Yeas and Nays.)-WAYS AND MEANS. This term, borrowed from the British parliament, implies the government revenues and the methods or provisions for collection of the same. A committee of ways and means was first created in the house of representatives in 1789: it originally consisted of seven

|

refusal of a witness to appear or to testify is a
breach of the privileges of the house; besides
which the revised statutes make such refusal a
misdemeanor punishable by fine and imprison-
ment. (R. S., sec. 102.) In parliament witness-
es must answer on examination before commit-
tees, and are sworn at the bar of either house.
Recusant witnesses are generally sent to New-
gate. (See Privilege.) — WRIT. This is a pro-
cess of the house signed by the speaker, attest-
ed by the clerk under the seal of the house,
and served by the sergeant-at-arms. In parlia-
ment the writs for the election of new members are
issued by the speaker's warrant addressed to the
clerk of the crown, and transmitted by him through
the postoffice. Writs of summons for a parlia-
ment to meet are issued by the crown, under ad-
vice of the privy council. These writs must be
issued at least thirty-five days before the time
fixed for the convening of the new parliament.
YEAS AND NAYS. The constitution requires that
the yeas and nays of the members of either house
shall be entered on the journals at the desire of
one-fifth of those present; also that the vote on
any bill vetoed by the president shall be recorded
by yeas and nays. It is very common for mem-
bers to demand a vote by yeas and nays, to make
a record, or, when dissatisfied with the result of a
division by other methods; but whenever less
than one-fifth of the members present rise to sec-
ond the call, the yeas and nays are refused. This
vote can not be taken in committee of the whole
house; the roll-call once begun can not be inter-
rupted for any purpose. After the roll-call is
completed, the names of members who have failed
to answer must be called again; after which the full
list of yeas and nays must be read, and errors or
omissions announced by members corrected.
both houses members must answer without debate
or reasons assigned for the vote. (See Vote.) - BIB-
LIOGRAPHY. May (Sir T. Erskine), Treatise on the
Law, Privileges, Proceedings and Usage of Parlia
ment, 8th ed., Lond., 1879; Cushing (L. S.), Lex
Parliamentaria: The Law and Practice of Legis-
lative Assemblies, Boston, 1874; McDonald (W. J.),
Constitution of the United States, Rules of the
Senate, etc., Washington, 1881; Standing Rules
for Conducting Business in the Senate of the Unit-
ed States, Washington, 1882; Digest and Manual
of the Rules and Practice of the House of Rep

members: it became a standing committee in 1795. It has since been gradually increased to thirteen members. To it are referred all matters and proposed legislation relating to the revenue and the bonded debt of the United States. The committee of ways and means, having charge of the entire tariff system and internal revenue taxation, as well as of financial measures and the public debt, is a most important body, and its chairmanship is considered the highest office in the gift of the speaker. As the chancellor of the exchequer is the leader of the house of commons, the chairman of the committee of ways and means was formerly accounted the leader of the house of representatives; but since the withdrawal from that committee (in 1865) of all business relating to the expenditures of the government (which is assigned to the committee on appropriations), the ways and means committee has been shorn of much of its power, and its chairman of his prestige as leader. Still, these two committees engross between them the greater part of the time of congress; and in the alternate years, when the session is limited to three months, little other business has a chance of securing attention. To be a member of the committee of ways and means is regarded as a very high position, and commonly excuses those appointed to it from service on other committees. The committee of the senate having charge of the same subjects is styled the committee of finance, and was first organized in 1816. Measures reported by either of these committees are customarily privileged, i. e., to be considered before any others. In parliament the committee of ways and means is constituted directly after the annual opening, but, unlike the American usage, it is not a select or standing committee lasting through the life of the body, but a committee of the whole house; in other words, it is the house itself, presided over by a chairman instead of by the speaker. This official chairman is designated the chairman of the committee of ways and means, and also presides in the committee of supply, and over other committees of the whole house. Like the speaker, he is a salaried officer. The committee of ways and means determines in what manner the necessary funds shall be raised for the public service, as voted by the committee of supply. The most important occasion for which the committee of ways and means is required to sit, is, to receive the financial statement for the year from the chancel-resentatives, compiled by H. H. Smith, 6th ed., lor of the exchequer. This is known as the budget. (See BUDGET, vol. i., p. 318.) — WITHDRAWAL. The right to withdraw a motion or a bill is secured by the rules at any time before a decision or amendment, except after the previous question has been seconded. All incidental questions fall with the withdrawal of the main question. (For withdrawal of papers, see Papers.)— WITNESSES. The summoning of witnesses to be examined by a committee requires an order of the house, unless the committee is first clothed with power to send for persons and papers. Witnesses are paid $2 a day, and five cents per mile of travel. Failure or

In

Washington, 1883; Traité pratique du Droit parlementaire, par J. Poudra et E. Pierre, Paris, 1878; Jefferson (T.), Manual of Parliamentary Practice, New York, 1876; Fish (G. T.), American Manual of Parliamentary Law, New York, 1880; Göpp (C.), Leitfaden d. parlam. Geschäfts Ordnung, New York, 1871; Robinson (W. S.), Warrington's Manual for the Information of Officers and Members of Legislatures, Conventions, Societies, etc., Boston, 1875; Wilson. (O. M.), Digest of Parliamentary Law, Philadelphia, 1869; Cushing (L. S.), Rules of Proceeding in Deliberative Assemblies, Boston, 1877; Barclay (J. M.) Constitution of the United States,

[ocr errors]

Jefferson's Manual, and Barclay's Digest, Wash- between them. On the other hand, it is urged ington, 1873; Ferrall (S. A.), Exposition of the Law that the laborer is working for a reward that is of Parliament, London, 1837; Hatsell (J.), Prece- uncertain, and affected by circumstances beyond dents of Proceedings in the House of Commons, 4 his control; that he is likely to become disconvols., London, 1818; Symonds (A.), Mechanics of tented if the profits decrease and his supplemenLaw Making, London, 1835; Smith (T.), Chairman tary wages diminish; that in many instances he and Speaker's Guide, London, 1840; Clifford & is forced to become a partner in the undertaking, Stephens, Private Bill Practice in Parliament, Lon- and his freedom of movement and of contract is don, 1870; Webster's Members' Procedure Book in to that extent restricted; that he is thus made to Parliament, London, 1868; Règlement de la Cham-share all the risks attending any industrial enterbre des Députés, Paris, 1880; Robert (H. M.), Pock-prise, without being allowed any voice in the et Manual of Rules of Order for Deliberative Assem- conduct of the undertaking. There are many blies, Chicago, 1876. A. R. SPOFFORD. forms of participation, many of them being but modifications of co-operation. Of the real industrial partnerships the following may be mentioned as typical: In 1842 a Paris tradesman, M. Leclaire, finding that high wages did not produce a corresponding increase in the zeal and diligence of his workmen, and being unable to personally supervise all the details of the work, determined to create a common interest between himself and his employés. The surest way of increasing their efficiency was to proportion their remuneration to the results obtained from their labor, and he therefore proposed to divide among such as he should select a portion of any increased profits that might accrue from their exertions. At the end of the year 5 per cent. of the net profits was to be set aside for the capital employed, and a salary for himself as superintendent; all that remained was to be divided among certain of the laborers in proportion to the wages they had received. The result of the first year was remarkable, and his system, somewhat modified in form, has continued till the present day. The first year he distributed 12,200 francs, no laborer who had worked 300 days in the year receiving less than 450 francs as a supplementary income, equal to two-fifths of his regular salary; in the second year the distributive fund exceeded 17,000 francs, and in the third year it was more than 18,000 francs. Encouraged by this success, the business was remodeled and its operations extended. As at present constituted, the net profits are divided into three parts: onehalf is distributed among such workmen as M. Leclaire designates, in proportion to the wages earned by each participant; one-fourth is paid to a provident society, of which all the persons in his employment are members; and one-fourth goes to the partner (patron directeur). The workmen are divided into two classes, one of which, comprising a third of the total number, are entitled to a share in the distribution of profits, but the second class do not share in the profits, but receive a small addition to their daily pay, and are entitled to all the benefits conferred by the provident society. The minor details of the system do not concern us here. For many years a large railroad in France (Chemin de fer d'Orléans) set apart 15 per cent. of the surplus or net profits to be divided among certain of its employés. During the first years of the experiment the plan worked fairly well; but as the operations of the road were

PARTICIPATION IN PROFITS. Among the many schemes for healing the apparent breach between labor and capital, a breach that is due in great part to the fact that these two factors of production are supplied by two distinct classes, termed capitalists and laborers, is that of allowing the laborer to share in the profits of the enterprise. “It would be of great importance,” wrote Mr. Babbage in 1832, "if, in every large establishment, the mode of payment could be so arranged that every person employed should derive advantage from the success of the whole; and that the profits of each individual should advance, as the factory itself produced profit, without the necessity of making any change in the wages.' And he then describes a system that had long been in use among the Cornish mines, which was somewhat like that he proposes for his "new system of manufacturing." This new system was hardly noticed at the time, but it was one of the earliest attempts to introduce participation in profits by the laborer. Strictly speaking, participation is not a form of co-operation, for in the co-operative principle the capitalist and laborer are combined, the capital necessary to the undertaking being furnished by those who also supply the labor; and as they assume all the risk, all the profit or loss is also theirs. In participation, however, the capital is, as a rule, still furnished by one class, and the labor by another; but the laborer is allowed to share in the profits received over and above a certain share which is set apart as a remuneration for the capital employed and for the supervision and management of the undertaking. If the profits are not sufficient to cover this share which belongs to capital, no distribution is made among the workmen. In support of participation it is urged that, by stimulating him to make his best endeavors, it increases the efficiency of the workman, this result being attained either by effecting a saving in the material used, or by increasing the absolute product of labor. It influences the moral character of the laborer by making him more industrious (as on this not only depends the total profit but also his share of the profits), more thrifty and provident, and in a measure more independent. By giving him a direct interest in the success of the undertaking it brings him into close relationship with his employer, and differences are less apt to arise

« ZurückWeiter »