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comes then a motion to suppress, and should be treated by the chair as though it had been a motion for indefinite postponement. Mell, par. 94.

- Indefinite.— The motion for indefinite postponement lays open the whole question for discussion, on the principle that whatever motion proposes to make a final disposition of a question brings up for discussion all its merits. Nor is even the previous question an exception to this. That, if sustained, does not make a final disposition of the pending proposition; for it compels a direct vote subsequently for or against the main question. To lie on the table, and to postpone to a time definite, are not debatable, because they only temporarily defer measures. Debate, therefore, may be withheld until they come again before the assembly in order.

Mell, par. 110.

The motion to indefinitely postpone cannot be amended. It has been held by some writers in parliamentary law that it can be amended by striking out the word "indefinitely," and inserting a definite day; but this is, by amendment, to transform one form of a question into another, which is clearly inadmissible. "A motion to suppress " cannot be, by amendment, transformed into a motion to defer." Mell, par. 111.

When a motion to indefinitely postpone prevails, the proposition so postponed cannot be renewed during the Mell, par. 112.

session.

PREVIOUS QUESTION.- When a bill, having been engrossed and read a third time, is before the house for consideration, the main question is on its passage. Const., art. 3, sec. 15.

The motion for the previous question may be made to suppress any other original motion, but it cannot be put

upon an amendment or any of the merely subsidiary motions, as to commit or postpone.

Cushing, pars. 1414-1415.

When ordered, the main question must be put immedi ately without debate, amendment or delay.

Cushing, par. 1418

Again, "must be put without any further debate, alteration or delay." Cushing, par. 1424.

A motion to adjourn is not in order when the main question is ordered. Croswell, p. 48.

A motion may be withdrawn after the previous question is ordered, provided it has not been amended, or provided that no amendment has been moved to it, so as to take it out of the control of the mover.

Warrington, p. 36.

Motions to commit or postpone are cut off when the previous question is ordered. Warrington, p. 57. See page 513.

PRIVILEGE.- Question of. Which supersede all others for the time being, except that of adjournment, are those which concern the rights and privileges of the assembly, or of its individual members, as for example, when the proceedings of the assembly are disturbed or interrupted, whether by strangers or members, or where a quarrel arises between two members, and in these cases requiring immediate action, it can interrupt a member's speech. Cushing, p. 81. Roberts, p. 34.

Any matter of privilege, affecting the assembly itself, or any of its members, of which the assembly ought to have instant information.

In such cases a member interrupted when speaking is obliged to yield the floor. Cushing, par. 1499.

A question of privilege is always in order. Whenever a member rises and says: "I rise to a question of privilege," the question must first be stated. The presiding officer will decide whether it is or is not such a question. If he decides that it is, then the consideration of any other business whatsoever, that may at that time be before the body must be suspended until the question of privilege is disposed of. And this disposition of the question may be either by entertaining it at once, and deciding it on its merits, or by any other of the modes of disposition to which any other question is subject. It may be ordered to lie on the table, be postponed definitely or indefinitely, or be committed for investigation and report to a committee. In the last case the character of a question of privilege adheres to the report, the presentation of which will always be in order, and will take precedence of all other business. But it does not follow that the immediate consideration of, and final action on the report must be had, for the report, like the question to which it refers, is subject to the operation of any of the subsidiary motions, and may, like any other report, be laid on the table, postponed or recommitted.

Questions of privilege, it must be remembered, are entitled to presentation at any time, for in this consists their privilege; but that privilege does not extend to their consideration. Having been once presented they become, as to the time and manner of their consideration, subject to the rules which affect all other questions. Mackey's Parliamentary Law, p. 137.

When questions of privilege arise that are admissible to be entertained during the discussion of a question,

they supersede the question pending at the time, together with all subsidiary or incidental ones, and must be first disposed of. Cushing, pars. 1500, 1501.

Personal explanation not a.— - A personal explanation is not a matter of privilege. It can be made only by leave of the assembly implied or expressed.

Roberts, p. 168.

Previous question applies to.- The previous question applies to a question of privilege equally with any other question. Barclay's Digest, p. 173.

1. For

3. To

Privileged questions. In the Senate are as follows, and have precedence in the order stated, viz.: an adjournment. 2. For a call of the Senate. 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 special committee. 8. To commit to the committee of the whole. 9. To amend. In the Assembly, these motions are: 1. To adjourn. 2. A call of the House. 3. For the previous question. 4. To lay on the table. 5. To postpone to a day certain. 6. To commit. 7. To amend. 8. To postpone indefinitely. See also Senate Rule 1, page 301. 576

See page

PROGRESS.-A motion that the committee of the whole arise and report progress upon a bill is in order at any time, and shall be decided without debate.

A report of progress on a bill does not include any amendments made in the committee, but leaves the bill in the same form as when moved.

66

QUESTION. When divisible.- Jefferson says: question to be divisible must comprehend points so distinct and entire, that one of them being taken away the other may stand." Warrington, p. 49.

727

If a motion be made to insert or strike out a section, then a motion to amend it; the motion to amend must be first put. Warrington, p. 26.

Division of.-A division of the question is not in order on a motion to commit with instructions, or on the different branches of instructions.

A motion to strike out and insert is not divisible. Reed's Rules, p. 101.

QUORUM.-- No subject of parliamentary law has attracted such wide attention in recent years as that of quorum, and the various rulings thereon. Section 10 of article 3 of the Constitution of the State of New York provides that a majority of each house shall constitute a quorum to do business, and section 20 of the same article provides that all bills appropriating the public moneys or property for local or private purposes shall receive the assent of two-thirds of all the members elected, and section 25 of the same article further provides that on the final passage, in either house of the Legislature, of any act which imposes, continues or revives a tax, or creates a debt or charge, or makes, continues or revives any appropriation of public or trust money or property, or releases, discharges or commutes any claim or demand of the State, the question shall be taken by yeas and nays, which shall be duly entered upon the journals, and three-fifths of all the members elected to either house shall, in all such cases, be necessary to constitute a quorum therein.

It was under the provisions of section 25 that Lieut.Governor Hill held (Senate Journal, 1883, p. 360) that the constitutional requirements therein set forth were entirely satisfied by the presence of members even if they did not vote, and accordingly he directed the Clerk of the Senate to put down the names of certain Senators as present and not voting, and in so ruling the Chair stated The parliamentary question presented is

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