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THE PREVIOUS QUESTION -LIMITATION
OF DEBATE—CLOTURE
SPEECH
HON. ROBERT L. OWEN
O JP
OKLAHOM A
IN
THB
SENATE OF THE UNITED STATES
FEBRUARY 13, 1915.
W A S H IN G T O N
1915
81722— 14548
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81722— 14548
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Mr. OWEN. Mr. President, during the Inst two years, sin j)
March, 1913, the Senate o f the United States has had one im
portant measure after another brought before it for considera
tion by the Democratic administration. There was a prolonged
and obvious filibuster in the Senate dealing with the tariff bid.
In order probably to prevent any action upon the Federal re
serve bill, there was a resolute filibuster even on the question o f
allowing a water supply for the city o f San Francisco; thero
was a filibuster, using that bill as a general buffer against pro
posed progressive legislation, which made it necessary in han
dling that bill, as well as in handling the tariff bill and the
Federal reserve act, for the Senate to meet in the morning andi
to run until 11 o’clock at night. We had no vacation during the
summer o f 1913 or during the summer of 1914, because of the
vicious filibustering of the Republican Senators. If this method
o f filibustering shall remain as a practice of the Senate
o f the United States, obviously the Congress of the United
States must remain in continuous session from one year’s end
to another in order to accomplisl even a slight part o f what is
desired by the people of the 'Suited States, and in order in some
small degree to enact the important measures which are pre
sented to the Senate for consideration on favorable reports
from the committees of the Senate.
I call attention to the large calendar which we have, a cal
endar o f some thirty-odd pages, representing hundreds o f meas
ures of importance, which \\c never arrive a t; and even aside
from the calendar there are matters of the greatest possible im
portance, which are not being considered by the body and not
being presented by the committees, because it is well known
that to make reports upon them would be perfectly useless In
view of this now apparently well-established custom of a con
tinuous filibuster against everything desired by the majority
party.
This practice of filibustering has not been confined to one side
of the Chamber only. I agree with the Senator from Nebraska
fMr. N o r r is 1 that the filibuster quickly passes from one side of
the Chamber to the other as an exigency may arise, according
to the desire o f those who may be on either side of the aisle. I
submit, however, a filibuster favoring the people is not to be
compared to filibuster against the people, although an unjusti
fiable parliamentary procedure, except under very extraordinary
conditions.
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The Senate had under consideration the motion by the Senator from
Missouri [M r. R ee d ] to amend Rule X X I I with the amendment pend
ing thereto.
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It tins been offered as a criticism o f my view with regard
Co a cloture rule for the Senate, that on one occasion—March 4,
1911—when the question arose with regard to the admission
of New Mexico to statehood with a corporation-wiitten constitu
tion and an unaiuendabie constitution, and the prevention of
Arizona at the same time being admitted to statehood. I did
not hesitate to use the practice of the Senate to filibuster in
order to compel a vote of the Senate jointly upon the admission
of Arizona and New Mexico. My use of this bad practice to
serve the people does not in any wise change my opinion about
the badness of the practice of permitting a filibuster. I acted
within the practice, but I think the practice is indefensible, and
I illustrated its vicious character by coercing the Senate and
compelling it to yield to my individual will.
No one man, no matter how sincere he may be or how patri
otic his purpose, should be permitted to take the floor of the
Senate and keep the floor against the will of every man in the
Senate except himself, and coerce and intimidate the Senate.
To do so is to destroy the most important principle of selfgovernment—the right o f majority rule.
- I wish to submit a brief sketch of what has been the rule with
regard to “ the previous question.’’ It is an old rule, estab
lished for the purpose o f preventing an arbitrary and willful
individual or minority coercing the majority in a parliamentary
body. 1 call the attention of the Senate to a work printed in
1090, I^x Parliamentaria, giving the practice in the British
Parliament. On page 292 o f that work this language occurs:
If upon a debate it be much controverted and much be said against the
question, any member may move that the question may be first made,
Whether that question shall be put or whether it shall be now put,
which usually is admitted at the instance o f nny member, especially if
It be seconded and insisted upon ; and if that question being put. it pass
in the affirmative then the main question is to be put Immediately, and
no man may speak anything further to it, either to add or clter.
Mr. President, coming down to the days o f the Continental
Congress, I read from page 534 o f volume 11, 17TS, o f the Jour
nals of the Continental Congress, giving the rules of that body
and showing the purpose of the Continental Congress at that
time to prevent any individual or minority unnecessarily con
suming the time o f that body.
0. No Member shall speak more than twice <n any one debate on tho
same day, without leave of the House.
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10. When a question is before the House no motion shall he received
unless for an amendment, for the previous question, to postpone the con
sideration o f the main question or to commit it.
Sections 13 and 14 read :
13. The previous question— dhat Is, that the main question shall be
not now put— being moved, the question from the Chair shall be
that these who are for the previous question say aye and those
against it, no ; and if there be a majority of ayes, then the main ques
tion shall not be then put, but otherwise it shall.
14 Kach Member present shall declare openly and without debate
■his assent or dissent to a question by aye amt no, when required by
motion of any one Member, whose nrfme shall be entered ns having
made such motion previous to the President's putting the q uestion;
the name and vote in such cases shall be entered upon the Journal,
and the majority of votes of each State shall be the vote of that State.
That was the rule o f the Continental Congress. The rule
of the House o f Representatives is equally well kuown to
dearly and openly recognize the previous question, count a
qnorrnn, and by a rule fix a time for voting on any question.
A1T22—U4S48
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When it came to drafting the Constitution o f the United
States Mr. Pinckney proposed in his original draft a provision
that the yeas and nays o f the Members of each House on any
question shall, at the desire of any certain number of Members;
be entered on the Journal.
, The committee on detail, page 16(5 of volume 2 of the records'
of the Federal convention, by Farrand. reported as follows: *
The House of Representatives and the Senate, when it shall be
acting in a legislative cnpacMy (each House) shall keep a Journal of
its proceedings, and shall from time to time publish them, * *
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and the yeas and nays of the Members of each House on any ques
tion shall, at the desire of any Member, be entered on the Journal.
That was retained throughout as a part of the Constitution
and was discussed on Friday the 10th day of August, page 255,
as follows:
Mr Govr. Morris urged that if the yeas and nays were proper at all
any individual ought to be authorize* to call for th em : and moved an
amendment to that effect, saying that the small States would other
wise be under a disadvantage, and Gnd it difficult to get a concur
rence of one-flftb.
That was voted down unanimously, and the following Slates:
New Hampshire, Massachusetts, Connecticut, New Jersey, Penn
sylvania, Delaware, Maryland, Virginia, North Carolina, South
Carolina, and Georgia voted to agree to the rule that one-fifth
of the Members might call for the record of the yeas and
nays as a constitutional right.
I call the attention of the Senate to the proper interpretation
of that language. We have ordinarily held to the practice that
the yeas and nays should be called after the vote had been or
dered. but the right to have the yeas and nays immediateiy
called under the Constitution of the United States is a consti
tutional right. As a Senator from Oklahoma, I have a right,
being present, if I am supported by one-fifth of the Members of
this body, to Imve my vote and the vote o f every other Member
of this body recorded on any pending question without having
my right denied by an organized filibuster. You can not record
a vote on the Journal of the Senate unless you take the v o le;
and, therefore, the constitutional right to have my vole recorded
upon the Journal at the request of one-fifth of the Members
present carries a present right and not a future expectation or
vague hope at some unrecorded future time that it may be re
corded. when a minority or an individual may permit it. I
have, therefore, a constitutional right, when supported by onefifth of the Members of this body, to demand the immedialo
taking of the yeas and nays on any question pending and the
record of that vote in the Journal of the Senate»
Mr. WILLIAMS. Mr. President, will the Senator allow me
to ask him a question?
Mr. OWEN. I yield to the Senator.
Mr. WILLIAMS. Is it not a truth applicable to everything
that wherever a right is granted at all it is a right in prscsentl
and not in futuro. unless the grant is modified by an express
statement that it is in futuro?
Mr. OWEN. Absolutely. Now, Mr. President, I want to call
the attention o f the Senate to what has been done in regard to
this question of cloture or limitation of debate by the Senate
Itself.
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The Senate rules, as established at the beginning of this Gov
ernment. adopted in 1789. are found upon page
of the Annals
o f the First Congress, from 1780 to 1791. volume 1. That vol
ume contains the rules o f the Senate as of that date, from No. t
to 19. and those rules expressly provide against the abuse of the
time of the Senate in a number o f particulars. First, in para
graph 2, it is provided that—
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2. No Member shall speak to another or otherwise interrupt the busi
ness of the Senate, or read any printed paper, while the Journals or
public papers are reading, or When any Member is speaking in any
del ate.
a. Every Member wiirn lie speaks shall address the Chair, standing
in his place, and tchcn he has finished shall sit doicn.
It obviously contemplated his finishing within some reason
able time and taking his seat.
4. No Member shall speak more than twice in any one debate on
the same day without leave c f the Senate.
Showing the Intention of the Senate that one man should
bo alloiccd to monopolize the time of the Senate.
Paragraph S reads:
not
8. W hile a question is before the Senate no motion shall be received
unless for an amendment, for the previous Question, or for postponing
the main question, or to commit it, or to adjourn.
And paragraph 9 provides:
0 The previous Question briny moved and seconded, the question
from (lie Chair shall be, “ Shall the main question be now p u t ? ” And
if the nays prevail the main question shall not then be put.
On n divided vote the main question was to be put is a
necessary consequence that flows from that language. It re
quired n majority vote in the negative to prevent the closure
o f debate under the original rules of the Senate.
Paragraph 11 reads:
11. When Vic peas and naps shall b e c a l l e d for bp one-fifth of the
Members present, each Member called upon shall, unless for special
reasons he be excused by tlie Senate, declare openly and icitliout debate
his assent or dissent to the question.
Mr. President, that was the rule of the Senate up until ISO!
At that time the rules were modified so as to o m i t the refer
ence to the previous question, not by putting in any rule deny
ing the right o f the previous question, but merely omitting the
previous question, on the broad theory that courtesy of free
speech in the Senate would preclude any Member from the
abuse o f the courtesy o f free speech extended to him by liis
colleagues, and would preclude a Senator from consuming the
time o f the Senate unduly, unfairly, or impudently, in disregard
Of the courtesy extended to him by his colleagues. The failure
to move the previous question now is merely a matter o f
courtesy in this body, and carries with it, so long as it lasts,
tbo reciprocal courtesy on behalf o f those to whom this cour
tesy is extended that they shall not impose upon their col
leagues who have extended the courtesy to them o f freedom of
debate or deny their courteous and long-suffering colleagues
the right to a vote. Freedom o f debate may not under such
an interpretation be carried to tlie point o f a garrulous abuse
o f the floor of the Senate by the reading of old records and
endless speecbmaking made against time, which has emptied
the Senate Chamber and destroyed genuine debate in this body.
81722— 14543
At the time the previous question was dropped from the written
rules o f the Semite as a right under such written rules there
had been no need for the “ previous question.” The previous
question had only been moved four times and only used three
times from 17SD to 1S0G—that is. during 17 years.
There is no real debate in the Senate. Occasionally a Senator
makes a speech that is worth listening to—occasionally, and
only occasionally. The fact is that even speeches of the great
est value which are delivered on this floor have little or no
audience now because o f this gross abuse o f the patience of
the Senate, which has been brought to a point where men are
no longer willing to be abused by loud-mouthed vociferation of
robust-lunged partisans confessedly speaking against time iu
a filibuster, and are unwilling to keep their seats on this floor
to listen to an endless tirade intended not to instruct the Sen
ate. intended not to advise the Senate, intended not for legiti
mate debate, not for an honest exercise o f freedom o f speech,
but for the sinister, ulterior, half-concealed purpose of killing
time in the Senate and thereby preventing the Senate from acting, thus establishing a minority veto under the pretense, the
bald pretense, the impudent and false pretense, of freedom of
debate.
This courtesy in the Senate was not greatly abused prior to
the war, nor until the tierce recent conflict began between the
plutocracy and monopoly and the common peop’e. Its abuse
during the last century led, however, to various proposals by
various distinguished Members of this body of cloture in various
forms.
The first one that I care to call attention to is that of Mr.
Clay, in 1S41. in connection with which Mr. Henry Clay said
among other tilings—this was on the 12th of July, 1S41—that—•
Jin was ready at any moment to bring forward and support a measure
which should give to (lie majority (lie conlro! of 1lie business of the
Sonale of tbc United States.
Let them denounce it as much as they
pleased, its advocates, unmoved by any of their denunciations and
threats, standing firm in support of the interests which he believed the
country demands, for one lie was ready for the adoption of a rule
which would place the business of the Senate under the control of a
majority of the Senate.
In the first session in the Thirty-first Congress, July 27, ISTiO,
Mr. Douglas, then a Senator o f the United States, submitted the
following motion for consideration:
Resolved, That the following be, and the rame is, adopted as a stand
ing rule of the Senate:
That the previous question shall be admitted when demanded by a
m ajorily of the Members of the Senate present, and its effect shall be
to put an end to ail debate and bring the Senate to a direct vote, first,
upon a motion to commit, if such motion shall have been made—
And so forth.
Mr. Hole, on April 4, 1SG2. brought in a resolution of like
purport; Mr. Wade, on June 21, 1SG4, proposed a like resolution;
Mr. Pomeroy, on February 13, 1SG9; Mr. Hamlin, on March 10,
1S70; and various other Senators. I ask, without reading these
various proposals, to place them in the Ricohd for the informa
tion o f the Senate o f the United States.
The PRESIDING OFFICER (M r. R ansdell in the ch a ir).
Without objection, it will he so ordered.
81722— 14518
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The matter referred to is as follows:
LIMITATION OF
D FBATB.
[1 st sess. 31st Cong.. J. of S.. 482, July 27. 1830.1
Mr. Douglas submitted the following motion for consideration :
Resolved, That the following be, and the same is, adopted as a stand
ing rule of the Senate.
That the previous question shall be admitted when demanded by a
majority of the Members of the Senate present, and its effect shall be
to put an end to all debate, and bring the Senate to a direct vote,
first, upon a motion to commit, if such motion shall have been m ade;
and if this motion does not prevail, then, second, upon amendments
reported by a committee, if a n y ; then, third, upon pending amend
m en ts; and. finally, where such questions shall, or when none shall
have been offered, or when none mav he pending, then it shall be upon
the main question or questions leading directly to a final decision of
the subject matter before the Senate. On a motion for the previous
question, and prior to the seconding of the same, a call of the Senate
shall be in order; but after a majority shall have seconded such
motion no call shall be in order prior to a decision of the main ques
tion.
On a previous question there shall be no debate.
All inci
dental questions arising after a motion shall have been made for the
previous quest! n and. pending such motion, shall be decided, whether
on appeal or otherwise, without debate.
(Aug. 28. The resolution was laid on the table (ib.. 5 8 8 ).)
[2d sess. S7th Cong., J. of S., 370, Apr. 4, 1862.]
Mr. Hale submitted the following icsolution for consideration:
Resolved, That the following be added to the rules of the S enate:
The Senate may. at any time during the present rebellion, by a voto
of a majority of the Members present, fix a time when debate on any
matter pending before the Senate shall cease and terminate : and tho
Senate shall, when the time fixed for terminating debate arrives, pro
ceed to vote, without debate, on the measure and all amendments pend
ing and that may be offered.
[1st sess. 3Sth Cong., J. of S.. 601, June 21, 1864.1
Mr. Wade submitted the following resolution for consideration:
" Resolved, That during the remainder of the present session of Con
gress no Senator shall speak more than once on any one question before
the Senate; nor shall such speech exceed 10 minutes, without leave of
the Senate expressly given ; and when such leave is asked it shall be
decided by the Senate without debate; and it shall be the duty of the
President to see that this rule is strictly enforced.”
[3d sess. 40th Cong.. .1 of S., 256, Feb. 13, I8 6 0 .]
Mr. Pomeroy submitted the following resolution, which was ordered
to be printed :
“ Resolved, That the following be added to the standing rules of the
Sen ate:
“ ‘ R olf. — . While the motion for the previous question shall not bo
entertained in the Senate, yet the Senators, by a vote of three-tifths of
the Members, may determine the time when debate shall close upon
any pending proposition, and then the main question shall be taken
by a vote of the Senate in manner provided for under existing rules.’ *'
[2d s^ss. 41st Ceng., J. of S., 347, Mar. 10. 1870.1
Mr. Hamlin submitted the following resolution for consideration:
“ Resolved, That whenever any question shall have been under con
sideration for two days it shall be competent, without debate, for the
Senate, by a two-thirds majority, to fix a time, not less than one day
thereafter, when the main question shall be taken ; but each Senator
who shall offer an amendment shall be allowed five minutes to speak
upon the same, and one Senator a like time In reply.”
[Ib , 412, Mar 25. 1870.]
Mr. Wilson submitted the following motion for consideration:
Ordered, That the Select Committee on Rules be instructed to con
sider the expediency of adopting a rule for the remainder of the session
providing that whenever any bill has been considered for two days the
question on ordering it to a third reading may be ordered by a twothirds vote of the Senators present and voting.
[ib ., *6 3 . Apr. 7, 1870 ]
The Senate next proceeded to consider (the above) ; and
On motion of Mr. Edmunds.
Ordered, That the said resolution be passed over.
81722— 14548
[Ib ., 492, Apr. 14, 1879.]
The Senate next resumed the consideration of the resolution sub
mitted by Mr. W ilson on the 25th of March last, instructing the Select
Ccmmitlee on the Revision of the Rules to consider the expediency of
adopting a rule for the remainder of the session fixing a time when the
Question on ordering a bill to a third reading shall be p u t; and
The resolution was agreed to.
[2d sess. 41st Cong., J. of S., 778, June 9, 1870.]
Mr. Pomeroy submitted the following resolution for consideration,
which was ordered to be printed :
Resolved, That the thirtieth rule of the Senate be amended by add
ing thereto the follo w in g:
‘ ‘And nny pending amendment to an appropriation bill may be laid
on the tab e without affecting the bill.
“ It shall he in order at any time when an appropriation bill is
under consideration, by a two-thirds vote, to order the termination of
debate at a time fixed in respect to any item or amendment thereof
then under consideration, which order shall be acted upon without
debate.
[2d sesj 42d Cong., J. of S., Apr. 1. 1872.]
Mr. I’omcroy submitted the following resolution for consideration:
ltcsolvcil, That upon any amendment to general appropriation bills
remarks upon the same by any one Senator shall be limited to live
minutes.
[2d sess. 42d Cong.. J. of S.. G14, Apr. 2G.]
Mr. Scott submitted the folowing resolution, which was ordered to
be printed:
Resolved, That during the present session it shall be in order, pending
an appropriation hill, to move to confine debate on the pending bill
and amendments thereto to five minutes by any Senator on the pending
motion, and the motion to limit debate shall be decided without debate.
[Ib.. G30, Apr. 29, 1872.]
On motion by M r. Scott,
The Senate proceeded to consider the resolution submitted by him
on the 2Gth instant, to confine debate on appropriation bills and amend
ments thereto for the remainder qf the session; and the resolution hav
ing been modified by Mr. Scott to read as follow s:
“ Resolved, That during tee present session it shall be in order,
pending an appropriation bill, to move to coniine debate on amend
ments thereto to five minutes by any Senator on the pending motion,
and the motion to limit debate shall be decided without debate.”
A fter debate,
On motion by Mr. Vickers, to amend the resolution by inserting after
the word “ thereto,” the words “ germane to the subject matter of tho
bill.”
|Several proposed amendments to this part of the resolution are
omitted. |
On motion by Mr. Edmunds, to amend the resolution by adding
thereto the following :
.
.
.
.
.
“ And no amendment to any such bill making legislative provisions
other than such ns directly relate to the appropriations contained in
the bill shall be received.”
It was determined in the affirmative— yeas 25, nays 19.
[The names are omitted.]
So the amendment was agreed to.
_ .
The resolution having been further amended on motion of Mr. Scott,
on tlie question to agree thereto as amended in the following w ords:
"R esolved, That during tie present session it shall he in order to move
ft recess; and pending an appropriation hill to move to confine debato
on amendment thereto to live minutes bv any Senator on the pending
motion, and such motions shall be decided without debate; and no
amendment to any such bill making legislative provisions other than
such as directly relate to the appropriations contained in the bill snail
be received.”
00
( 1C 3S-
________ ___ ________________
It was determined In the affirmative, \>jays_ILI__________I __________
[The names are omitted.]
8o the resoh’ tion was agreed to.
81722— 14548
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[3d scss. 42d Cong., J. of S., G15, March 18, 1873.]
Mr. W right submitted the following resolution for consideration,
which was ordered to he printed :
“ Resolved, That the Committee on the Revision of the Rules be in
structed to inquire into the propriety of so amending the rules as to
provide —
“ First. That debate shall be confined and be relevant to the subject
matter before the Senate.
"S e c o n d That the previous question may be demanded either by a
majority vote or in some modified form.
“ Third. For taking up bills in their regular order on the calendar;
for their disposition in such order; prohibiting special orders; and re
quiring that bills not finally disposed o f when thus called shall go
to the foot of the calendar unlcs; otherwise directed.”
Tib., GIG, Mar. 19, 1873.]
On motion by Mr. W right, that the Senate proceed to the consider
ation of the resolution submitted by him on the 1 7 t;i instant instruct
ing the Select Committee on the Revision of the Rules to inquire into
the propriety of so amending the rules of the Senate as to confine debate
to the subject matter before the Senate, to provide for a previous ques
tion, and tiie order of the consideration of hills on the calendar, and
the disposition th ereo f;
A fter debate,
f V/**] c?
9'*l
3q
It was determined in the negative,|N g vg--------- -----------------------[The names are omitted.]
So tfcc motion to proceed to the consideration of the said resolution
was not agreed to.
[ C o n g r e s s io n a l R ecord , 3d scss. 42d Cong. (s p e c , s c s s .) 1 1 3 -1 1 7 .]
[Ib ., G17, Mar. 20. 1873.]
Mr. W right submitted the following resolution for consideration;
which was ordered to be printed :
“ R e s o l v e d , That the following be added to the rules of the Senate:
“ Rule — . No debate shall be in order unless it relate to, or be perti
nent to, the question before the Senate.
“ Rule — . Debate may be closed at any time upon any bill or measure
by the order of two-thirds of the Senators present, after notice c f 24
hours to that effect.
“ Rule — . All bills shall be placed upon the calendar in their order,
and sta ll be d'sposed of in such order tin'c^s postponed bv the order of
the Sena’c. All special orders are prohibited, except by unanimous con
sent ; and bills postponed shall, unless otherwise ordered, go to the foot
of the calendar.
Tib., G18, Mar. 21, 1873.]
On motion by Mr. W right, that the Senate proceed to the considera
tion cf the resolution yesterday submitted by him, providing additional
rules for the Senate.
A fter debate.
Ordered, That the further consideration of the subject be postponed
to the first Mondav of December next.
[ C o n g r e s s io n a l R ec or d , 3d scss. 42d Cong. (spec, s e ss.l, 1 3 5 -1 3 7 .J
[1st scss. 43d Cong., J. of S.. 532, May G. 1 874.]
Mr. Edmunds submitted ti c following resolution, which was referred
to the Select Committee on the Revision of the R u le s:
“ Revolved, That the eleventh rule of the Senate he amended by add
ing thereto the following w o rd s; “ Nor shall such debate be allowed
upon any motion to dispose of a pending matter and proceed to con
sider another.
When a question is under consideration the debate
thereon s ta ll be germane to such question or to the subject to which It
relates.”
[Ib., 578, May 15, 1 8 7 4 .].
Mr. Ferry o f Michigan, from the Select Committee on t ic Revision
o f the Rules, to whom was referred the resolution submitted by Mr.
Edmunds the G:h instant to amend the eleventh rule of the Senate,
reported it with an amendment.
[2d scss. 43d Cong., J. of S., 128, Jan. IS , 1S75.]
Mr. Morrill of Maine, submitted the following resolution for consid
eration, which was ordered to be printed:
“ R esolved, That during the present session it shall be in order at
any time to move a recess, and, pending an appropriation bill, lo move
to confine debate on amendments thereto to fi\c minutes uy any Senator
on the pending motion, and such motions shall be decided without
debate.”
81722— 14548
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rIt*-, 134, Jan. 19, 1 875.]
The Senate proceeded to consider the resolution yesterday submitted
by Mr. Morrill of Maine, to limit debate on amendments to appropri
ation b ills ; and
A fter debate,
The resolution was agreed to, as follow s:
“ Resolved, That during the present session it shall be in order at any
time to move a recess, and, pending an appropriation bill, to move
to confine debate cn amendments thereto to live minutes by any Senator
on the pending motion, and such motion shall be decided without
debate.”
(C ongress i on At, R ecord , 2d sess., 43d Cong., 580-570.)
[1 st sess. 44th Cong., J. of S., 243. Feb. 23, 1370.]
Mr. Morrill of Maine submitted the following resolution for consid
eration, which was ordered to be p iin ted :
“ R esolved, That during the present session it shall be in order at
any time to move a recess, and, pending an appropriation bill, to move
to confine debate on amendments thereto to five minutes by any Senator
on the pending motion, and such motion shall be decided without
debate.”
rib., 253, Feb. 29, 1S7G.]
On motion by Mr. Morrill, of Maine,
The Senate proceeded to consider the resolution yesterday submitted
by. him to eonine debate on amendments to appropriation b ills ; and,
Laving been amended cn motion by Mr. Morrill, of Maine,
On mol ion by Mr. bayard, to further amend the resolution by add
ing thereto the follow ing:
Rut no amendment to an appropriation bill shall be in order which
Is not germane to such a bill,”
A fter debate.
-----------------------------------------------It was determined in the negative,
[The names are omitted.]
So the amendment was not agreed to.
No further amendment being proposed, the resolution as amended was
agreed to, as fo llo w s:
“ Resolved, T1 at during the present session it snail be in order at any
time to move a recess, and. pending an appropriation b 11, to move to
confine dibate on amendments thereto to five minutes by any Senator
on the pending motion, and such motions shall be decided without
debate.”
[2d sess. 45th Cong., J c f S., 314, Mar. 20, 1S78.]
Mr. Windoin submitted the following resolution for consideration:
“ Resolved, That during the present session it shall be in order at
any time pending an appropriation bill to move to confine debate on
amendmenls (hereto to five mimr.es by any Senator on the pending
motion, and such motion shall he decided without debate.”
I2d sess. 45th Cong., J. of S „ 319, Mar. 2 1 , 1878.]
On motion by Mr. Windoin,
The Senate proceeded to consider the resolution yesterday submitted
by him, providing for a limitation of debate on amendments to appro
priation bills, and
The resolution was agreed to.
[3d sess. 45th Cong., J. of S.. 32, Dec. 5, 1878.]
Mr. Anthony submitted the following resolution for consideration :
“ Resolved, That to-day, at 1 o'clock, the Senate will proceed to the
consideration of the calendar, and bills that are not objected to shall
be taken up In their order, and each Senator shall be entitled to speak
once, and for five minutes only, unless, upon motion, the Senate should
at any time otherwise order; and the objection may be interposed at
any stage of the proceedings; and this order shall take precedence of
special orders or unfinished business unless otherwise ordered.”
(T h e resolution went over, objection being made.)
[3d sess. 43th Cong., J. of S., 114. Jan. 14, 1879.]
Mr. Anthony submitted the following resolution, which was consid
ered, by unanimous consent, and agreed t o :
“ Resolved, That on Friday next, at 1 o'clock, the Senate will pro
ceed to tiie consideration of the calendar, and liilis that are not objected
to shall be taken up in their order, and each Senator shall be entitled to
speak once, and for five minutes only, unless, upon mot on. the Senate
should at any time otherwise order, and the objection may he interposed
at any stage of the proceedings."
(C o n g r e s s io n a l R e c or d , 3d sess. 43tb Cong.. 427.)
81722— 14548
[3d sess. 45th Cong., J. of S„ 138, Jan. 20, 1879.]
Mr. Anthony submitted the following resolution, which was consid
ered, by unanimous consent, and agreed t o :
“ Resolved, That at the conclusion o f the morning business for each
day after this day the Senate will proceed to the consideration of tho
calendar, and continue such consideration until half past 1 o'clock, and
bills that are not objected to shall be taken up in their order, and each
Senator shall be entitled to speak once, and for five minutes only, unless,
upon motion, the Senate should at any time otherwise order, and tho
objection may be interposed at any stage o f the proceedings.”
[3d sess. 45th Cong., J. o f S., 189, Jan. 30, 1879.]
Mr. Anthony submitted the following resolution for consideration :
Resolved, That the order of the Senate of January 20. 1879, relative
to the consideration o f bills on the calendar shall not be suspended
unless by unanimous consent or upon one day’s notice.”
[3d sess. 45th Cong., J. of S., 325, Feb. 20, 1879.]
Mr. Windom submitted the following resolution for consideration:
“ R e s u l t e d , That during the present session it shall be in order at any
time pending an appropriation bill to move to confine debate on amend
ments thereto to five minutes by any Senator on the pending motion,
and such motion shall be decided without debate.”
[3d sess. 45th Cong., J. of S., 373, Feb. 25, 1879.]
On motion by Mr. Allison,
The Senate proceeded to consider the resolution submitted by Mr.
Windom on the 20th instant to confine debate on amendments to gen
eral appropriation b ills ; and
The resolution was agreed to.
[2d sess. 46th Cong., J. of S., 594, M ay 22, 1880.1
The hour of half past 12 o'clock having arrived, the President pro
tempore asked the Senate to place its construction upon the order of
February 5, 1880, and known as the “ Anthony rule,” and submitted
the following proposition : “ Does the consideration of the calendar con
tinue until half past 1 o’ clock, notwithstanding the change of the hour
of meeting of the Senate? ”
[3d sess. 46th Cong., J. of S., 244, Feb. 12. 1881.]
On motion by Mr. Morgan,
The Senate proceeded to consider the resolution submitted by him tho
10th instant, limiting debate on a motion to proceed to the considera
tion of a bill or resolution ; and having been modified on the motion o f
Mr. Morgan, the resolution as modified was agreed to, as follo w s:
“ Resolved, That ter the lemainder of the present session, on a motion
to take up a bill or resolution for consideration, at the present or at n
future time, debate shall be limited to 15 minutes, and no Senator shall
speak to such motion more than once, .or for a longer time than 5
m inutes."
[3d sess. 46th Cong., J. of S., 234, Feb. 10, 1881.]
Mr. Morgan submitted the following resolution for consideration:
“ Resolved, That on a motion to take up a bill or resolution for con
sideration at the present or at a future time debate shall be limited to
15 minutes, and no Senator shall speak to such motion oftener than
once, or for a longer time than 5 minutes.”
[1st sess. 47th Cong., J. o f S„ 446, Mar. 20, 1882.]
On motion o f Mr. Anthony, to amend the order of the Senate known
as the “ Anthony rule,” so as to extend the time for the consideration of
the calendar of Dills and resolutions until 2 o’ clock p. m„ it was deter
mined in the affirmative.
[1st sess. 47th Cong., J. of S., 632, Apr. 20, 1882.]
M r. Edmunds submitted the following resolution for consideration,
which was ordered to be printed :
“ Resolved, T hat the special rule of the Senate for the consideration
of matters on the calendar under limited debate be, a n j the same is
hereby, abolished.”
Mr. Hoar submitted the following resolution for consideration, which
was ordered to be printed :
“ R esolved, T hat the resolve known as the “ Anthony r u le ” shall not
hereafter be so construed as to authorize the consideration of any meas
ure under a limitation of debate of (}ve minutes, or to speaking but once
by each Senator after objection."
81722— 14548
!
,
.
[2a
RRSS. 47tb Cons.. J. of S.. 282, Feb. 3, 1883.]
M r. Hale submitted the following resolution for consideration, which
was ordered to be printed :
“ Resolved, That upon each amendment hereafter offered to the bill
entitled ‘An act to reduce internal revenue taxation,’ each Senator may
speak once for five minutes, and no more.”
[2d sess. 47th Cong., J. of S„ 396, Feb. 23, 1883.]
Mr. Hale submitted the following resolution for consideration:
“ Resolved, That during the present session it shall be in order at any
time pending an appropriation bill to move to confine debate on amend
ments thereto to five minutes b.v any Senator on the pending motion, and
said motion shall be decided without debate.”
'
[1st sess. 48th Cong., J. of S., 354, Feb. 26. 1884.]
Mr. Harris submitted the following resolution, which was referred to
the Committee on Rules and ordered to be printed :
“ Resolved, That the seventh rule of the Senate be amended by adding
thereto the following words :
“ 4 The Presiding Officer may at any time lay, and it shall be in order
at any time for a Senator to move to lay, before the Senate any bill or
other matter sent to the Senate by the President or the House of Rep
resentatives, and any question pending at that time shall be suspended
for this purpose.
Any motion so made shall be determined without
debate.’ ”
Mr. Harris submitted (ho following resolution, which was referred to
the Committee on Rules and ordered to be printed :
“ R esolved, ’that the eighth rule of the Senate be amended by adding
thereto the following words :
•‘ ‘All motions made before 2 o’clock to proceed to the consideration
Of any matter shall be determined without debate.’ ”
[1 st sess. 48th Cong., J. of S., 442, Mar. 19, 1884.]
On motion by Mr. Harris,
The Senate proceeded to consider the resolution to amend the eighth
r u le : and
The resolution was agreed to, as follows :
“ Resolved, That the eighth rule of (he Senate be amended by adding
thereto the following w ord s: ‘All motions made before 2 o’clock to
proceed to the consideration of any matter shall be determined without
debate.’ ”
On motion by Mr. Harris,
The Senate proceeded to consider the resolutions reported from the
Committee on Rules on the 7th instant to amend the tenth rule, and
havinu been amended on the motion of Mr. Harris, from the Committee
On Rules, by inserting, after the word ‘‘ order,” the words “ or to proceed
to the consideration of other business.”
The resolution as amended was agreed to, as fo llo w s:
“ Resolved. That the tenth rule of the Senate be amended by adding
thereto the following w ord s: ‘And all motions to change such order
or to proceed to the consideration of other business shall be decided
without debate.’ ”
[1 st sess. 48th Cong., J. of S., 431, Mar. 17, 1884.]
Mr. Harris, from the Committee on Rules, to which was referred the
resolution submitted by him February 26, 1884, to amend the seventh
rule of the Senate, reported it without amendment.
The Senate proceeded, by unanimous consent, to consider the said
resolution : and
R esolved, That the Senate agree thereto.
. . .
Mr. Harris, from the Committee on Rules, to which was referred the
resolution submitted by him February 26. 1884. to amend the eighth
rule of the Senate, reported it without amendment.
Mr. Harris, from the Committee cn Rules, reported the following
resolution for consideration :
" R esolved. That the tenth rule of the Senate be amended by adding
thereto the following w ord s: ‘And all motions to change such order shall
he decided without d eb a te.1 ”
[2d sess. 48th Cong., J. of S., 359, Feb. 24, 1885.]
Mr. Aliiscn submitted the following order for consideration, which
was ordered to be printed :
.
Ordered, That during the remainder of the present session of the
Senate it shall he in order to move at any time that debate on any
amendment oi all amendments to any ap p reciation bill then before the
Senate be limited to five minutes for each Senator, and that no Senator
shall speak more than once on the same amendment in form or sub
81722— 14548
14
stance.
debate
The
question
on
such
motion
shall be determined
without
f2d sess. 48th Cong., J of S., 380. Fob. 2G. 1885.1
The President pro tempore laid before the Senate the order submitted
by Mr. Allison on the 24th instant to limit debate to five minutes on
amendments to appropriation bills for the remainder o f the present
session.
On motion by Mr. Plumb.
Ordered, That the further consideration thereof be postponed to to
morrow.
[1 st sess. 49th Cong., J. of S., 503, Apr. 1, 1 886.}
Mr. Ingalls submitted the following resolution, which was referred to
the Committee on Rules :
“ R esolved, That Rule X I I I be amended by striking out the words
' without debate,’ in the last sentence o f clause 1.”
[1 st sess. 49th Cong., .1. of S., 904. June 14, 1886.]
Mr. Edmunds submitted the following resolution, which was referred
to the Committee on R ules:
“ Resolved, That the last paragraph of the first clause of Rule X III
be amended so as to read as follows :
“ 'A ny motion to reconsider may be laid on the table without affecting
the question in reference to which the same is made, and if laid on the
table it shall be a final disposition of the motion.’ ”
11st sess. 49th Cong., .1. of S., 94 5 , June 21, 1886.]
Mr. Frye, from the Committee on Rules, reported the following reso
lution, which was considered, by unanimous consent, and agreed t o :
“ l evolved. That the last paragraph of clause 1. Rule X I I I , is hereby
amended by striking out the words ‘ without debate.’
Mr. Frye, from the Committee on Rules, to whom were referred the
fcl'ow ing resolutions, reported adversely thereon :
The resolution submitted by Mr. Ingalls April 1, 1886, to amend
clause 1 of Rule X III of the S enate; and
The resolution submitted bv Mr. Edmunds on the 14th instant to
amend clause 1 of Rule X III of the Senate.
Ordered That they be postponed indefinitely.
[2d sess. 49th Cong.. J. of S., 387, Feb. 21, 1887.]
M r. Cameron submitted the following resolution for consideration,
which was orderrd to be printed :
“ Resolved, That during the remainder of this session no Senator shall
speak on any question more than once, and shall confine his remarks
to five minutes’ duration.”
[2d sess. 49th Cong., J. of S., 400, Feb. 22, 1887.]
The President pro tempore laid before the Senate the resolution
yesterday submitted by Mr. Cameron, limiting debate during the re
mainder of the sessio n ;
When.
M r. Edmunds raised a question of order, viz, that the resolution would
change the standing rules of the Senate, of which proper notice had
not been givrn. as required by the fortieth rule; and
The President pro tempore sustained the point of order.
[1st sess. 50th Cong., J. of S., 315, Feb. 14, 1S88.]
Mr. Blackburn submitted the following resolution, which was referred
to the Committee on R u le s:
“ Resolved, That it shall not be in order, except by unanimous consent,
for the Committee on Appropriations to report to the Senate for con
sideration or action any general appropriation bill without having had
such bill under consideration for a peried of 10 days or m ore."
[1st sess. 50th Cong., J. of S., 829, May 16, 1 888.]
Mr. Edmunds submitted the following resolution, which was referred
to the Commit ec on R ules:
“ Resolved. That paragraph 3 of Rule X V I be amended by adding
thereto the follow ing:
“ Whenever any general appropriation bill originating In the House
of Representatives shall be undei consideration, it shall be the duty of
the presiding officer to cause to be stricken out o f such bill ail pro
visions therein o f a general legislative character other than such as
relate to the disposition of the moneys appropriated therein; but such
order of the presiding officef shall be subject to an appeal to the Senate
as in other cases of questions of order.”
81722— 14548
15
f i s t SPSS. 51st Cong., J. of S., 250, Apr. 23, 1890.1
Mr. Chandler submitted the following resolution, which was referred
to the Committee on Rules and ordered to be printed :
“ R ew ired, That the following be adopted as a standing rule of the
Sen ate:
“ • Whenever a bill or resolution reported from a committee is under
Consideration the Senate ma.v, on motion, to be acted on without debate
Or dilatory motions, order that on a day, not less than six days after
the pass-age of the order, debate shall cease and the Senate proceed to
dispose of the bill or resolution; and when said day shall arrive, at 3
o’c’ock the vote shall be forthwith taken without debate or dilatory
motions upon any amendments to the bill or resolution and upon tho
passaec thereof.
“ * Whenever a quorum of Senators shall not vote on any roll call the
presiding officer at the request of any Senator shall cause to be entered
upon the Journal the names of all the Senators present and not voting,
and such Senators shall be deemed and taken as in attendance and
presrnt as nart of the nuorum to do business: and declaration of the
result of the voting shall be made accordingly.’ ”
[1st scss. 51st Cong., J. of S., 431, July 1G, 1S90.]
Mr. Allison submitted the following resolution for consideration,
which was ordered to be printed :
“ Rcsolveil. That during (lie remainder c f the present session of Con
gress it shall be in order to move at any time that debate on any
amendment or all amendments to any appropriation bill then before the
Senate be limited to five minutes for each Senator, and that no Senator
shall speak more than once on the same amendment in form or sub
stance. The question on such motion shall be determined without de
bate.”
[1st sess. 51st Cong.. J. of S.. 449, Aug. 1, 18C0.]
Mr. Rlair submitted the following resolution, which was ordered to
be pr n te d :
“ Resolved, That the Committee on Rules be instructed to report a
rule within four days providin'! for the incorporation of the previous
question or some method for limiting and closing debate ia the parlia
mentary procedure of the Senate.
[1st sess. 51st Cong., J. of S., 450. Aug. 9, 1890.]
The Frcs'dcnt pro tempore laid before the Senate the resolution
yesterday submitted by Mr. Clair, as fe llo w s :
" R esulted, That the Committee on Rules be instructed to report a
rule within four days providing for the incorporation of the previous
question or some method for limiting and closing debate in the parlia
mentary procedure of the Senate.”
O dered. That it be referred to the Committee on Rules.
(Cong. Rec., 1st sess. 51st Cong., 8 0 4 8 -8 0 5 0 .)
[1st sess. 51st Cong., J. of S„ 460, Aug. 9. 1890.]
Mr. Iloar submitted the following resolution, which was referred to
the Committee on Rules and ordered to be printed:
“ RvscUcd, That the Rules of the Senate be amended by adding ns
fo llo w s:
“ When any bill or resolution shall have been under consideration for a
reasonable time it shall be in order for any Senator to demand that debate
thereon be closed.
If such demand be seconded by a majority of the
Senators present, the question shall forthwith be taken thereon wiihout
further debate, and the pending measure shall take precedence of all
other business whatever. If the Senate shall decide to close debate, the
question shall be put unon the ponding amendments, upon amendments
of which notice shall then be given, and upon the measure in its suc
cessive stages, according to the rules of the Senate, but without further
debate, except that every Senator who may desire shall be permitted
to speak upon the measure not more than once and not exceeding *>0
minutes.
,
‘ ‘After such demand shall have been made by any Senator, no other
motion shall tie in order until the same shall have been voted upon by
the Senate, unless the same shall fail to be seconded.
“ A fter the Senate shall have decided to close debate, no mot on shall
be in order but a motion to adjourn or to take a recess, when such
motion shall he seconded liy a majority of the Senate.
When either
of said m ot’ons shall have been lost, or shall have failed of a second, it
shall not be in order to renew the same untd one Senator sha
have
spoken upon the pending measure or one vote on the same shall have
intervened.”
81722— 14548
[1st sess. 51st Pong., .1. of S., 463, Aug. 12, 1880 1
Mr. Edmunds submitted the following order for consideration; which
was ordered to be printed :
Ordered, That during the consideration of Ilruse bill Ot!C>. cn'itied
"A n act to reduce the revenue and equalize duties on imports. <%id for
other purposes," no Senator shall speak more than once, and not longer
than five minutes, on or in resnect of any one item in said bid ■ r .my
amendment proposed thereto without leave of the Senate, such leave to
be granted or denied without debate and without any other moiion or
proceeding other than such as relates to procuring a quorum whin It
shall appear on a division, or on the yeas and navs bei nr mk a. m at
a voting quorum is net present : and until said bill shall have been
gone through with to the point of a third reading no general motion in
respect of said hill other than to take it up shall be in order.
All appeals pending the matter aforesaid shall be determined at once,
and without debate.
Notice is hereby given, pursuant to Rule X L , that the foregoing order
will lie offered for adoption in the Senate.
It is proposed to suspend for the foregoing stated purpose ti n fol
low ng rules, namelv : V, V III, IX , X , X I I , X V I I I , X I X , X X I I ,
X X V I I , X X V I I I , X X X V , and X L
[1 st sess., 51st Cong., .1. of S.. 483, Aug. 12, 1890.]
Mr. Blair submitted the following resolution for consideration,
which was ordered to he printed:
Resolved, That the following rule be adopted to fix the limit o f de
bate, namely :
Rule — . When a proposition has been under debate two days nnd not
less than four hours, which shall he determined by the pres ding officer
without debate, ;t shall he in order to move the previous question,
unless the Senate shall otherwise fix the time when debate shall cease
and the vote he taken ; and in any case arising under tnis rule m e
Senator in charge cf the measure shall have one hour in which to close
the debate.
During the last 14 days preceding tlie time fixed bv law cr hv con
current resolution passed by ihe Senate for the end of the session, a
majority of the Senate may close the debate at any time. suVect to
the right of the Srnator in charge ef the m easure: and any motion for
the previous question, or to limit debate and to fix (he time for the
vote to be taken, shail cease ic one hour and be subject to the Anthony
rule.
[1 st sess. 51st Cong., J. of S., 0 “ 3, Aug. 12, 1S90.]
Mr. Quay submitted tbe following resolution for consideration, which
was ordered to be printed :
“ Resolved, That during the present session of Congress the Senate
will not take up for consideration any legislative business other than
the pending bill (the tariff bill) and general appropriation bills, bills
relating to public buildings and public lands, and Senate or concurrent
resolutions.
“ Resolved, That the consideration of all bills other than such as are
mentioned in the foregoing resolution is hereby pos poned until the
session of Congress to be held on (he first Monday in December. 1890.
“ Resolved. That the vote on the pending bill and all amendments
thereto shall be taken on the 30th dav of August instant at 2 o ’clock
p. m„ the voting to continue without further debate until the considers
tion of the bill and tbe amendments is comp!e>rd.
[1 st sess. 51st Cong., J. of S „ 4G5, Aug. 13, 1890.]
The rresident nro tempore laid before the Senate the order and
resolutions yesterday submitted, as fellow s:
“ Order by M r. Edmunds, to limit debate on the pending bill to re
duce the revenue and equalize duties on imports and the amendments
proposed thereto.
Resolution by Mr. Blair, to amend the rules so as to fix a limit to
debate.
Resolution by Mr. Quay, prescribing the measure to be considered
during the remainder of the present session; and.
Ordered, That ibe.v he referred to the Committee on Ru’ es.
[1 st sess. 51st Cong.. J. of S.. 471. Aug. 16, 1 890.]
Mr. Qha.v gave notice in writing, pursuant to Rule X L , that he would
offer the following orders for adoption by the Senate:
Ordered, 1. That during the present session of Congress the Senate
will not take up for consideration any legislative business other than
the pending bill (II. R. 9 4 1 6 ), conference reports, general appropriation
81722— 14548
17
M ils, pension bills, bills relating to the public lands, to the United
States courts, to the Postal Service, to agriculture and forestry, to
public buildings, and Senate or concurrent resolutions.
Ordered 2. That the consideration of all bills other than such as
are mentioned in the foregoing order is hereby postponed until the
session of Congress to be held on the first Monday of December. 1890.
Ordered, 3. That a vote shall be taken on the bill (H . R. 0416) now
under consideration in the Senate and upon amendments then pend
ing, without further debate, on the 60th day or' August. 1890, the vot
ing to commence at 2 o'clock p. m. on said day and continue on that
and subsequent days, to the exclusion of all other business, until the
bill and pending amendments are finally disposed of.
And that it was proposed to modify, for the foregoing stated pur
pose. the following roll's, nam ely: V II, V III, IX , X , XII, X IX , X X I I ,
X X V I I , X X V I I I , X X X V and X L .
Oidered. That the notice, with the proposed orders, be printed.
l i s t sess., 51st Cong., J. of S., 472, Aug. 18, 1890.]
Mr. Quay, pursuant to notice, submitted the following resolution,
which was ordered to be printed :
Hesolred, That the following orders be adopted for the government
of the Senate during the present session of Congress:
Ordered, 1. That during the present session of Congress the Senate
will not take up for consideration any legislative business other than
the pending bill <II. It. 9 4 1 6 ), conference reports, general appropriation
hills, pension bills, bills relating to the public lands, to the United
States- courts, to the Postal Service, to agriculture and forestry, to
public buildings, and Senate or concurrent resolutions.
Ordered, 2. That the consideration of all bills other than such as
mentioned in the foregoing order is hereby postponed until the session
of Congress to be held on the first Monday of December, 1890.
Ordered, 8. That a vote shall be taken on the bill (II. R. 9116) now
under consideration in the Senate and upon amendments then pendin"
without further debate on the 80th day of August, 1800, the voting
to commence at 2 o’clock p. ni on said day and to continue on that and
subsequent days, to the exclusion of all other business, until the bill
and pending amendments are finally disposed of.
For the foregoing stated purpose the following rules, namely, V II,
V III. IX , X , X I I , X I X , X X I I , X X V I I , X X V I I I , X X X V , and X L , are
modified.
[1st sess. 51st Co >g., J. of S., 476. Aug. 20, 1890.]
The President pro tempore laid before the Senate the resolution sub
mitted by Mr. Quay on the 18th instant, as follow s:
Hesolred, That the following orders be adopted for the government
of the Senate during the present term of C o n gr-ss:
Ordered, 1. That during the present session of Congress the Senate
will not take up for consideration any legislative business other than
the pending bill (II. R. 9 4 1 6 ), conference reports, general appropria
tion bills, pension bills, bills relating to public lands, United States
courts, the Postal Service, to agriculture and forestry, to public build
ings, and Senate or concurrent resolutions.
Ordered, 2. That the consideration of all bills other than such as
are mentioned in the foregoing order is hereby postponed until the
6ission of Congress to be held on the first Monday of December, 1890.
Ordered, 8. That a vote shall be taken on the bill (II. R. 9416) now
under considi ration in the Senate anil upon amendments then pending,
without further debate, on the 80th day of August, 1890, the voting
to commence at 2 o'clock p. m. eu said day and to continue on that and
subsequent days, to the exclusion of all other business, until the bill
and pending amendments arc finally disposed of.
For the foregoing stated purpose the following rules, namely, V II,
V III, IX , X , X I I , X I X , X X I I , X X V I I , X X V I I I , X X X V , and X L , are
modified.
The Senate proceeded to consider the resolution ; and an amendment
having been proposed by Senator Hoar, v iz : Strike out all after the
word ‘ ‘ resolved” and in lieu thereof insert “ that the rules of the
Senate be amended by adding the follow ing:
“ When any hill or resolution shall 1 ave been under consideration
for a reasonable time it shall he in order for any Senator to demand
that debate thereon he closed. It such demand be seconded by a
m ajority of the Senators present, the question shall forthwith he
taken thereon without further debate, and the pending measures shall
take precedence of all other busim ss whatever.
If the Senate shall
decide to close debate, the question shall he put upon the pending
amendments, upon amendments of which notice will then be given, and
81722— 14548--------2
are
upon the measure- in its successive stages, according to the rules -of
the Senate, but without further debate, except that every Senator who
may desire shall be permitted to speak upon a measure not more than
once and rot, exceeding one hour.
“ After such demand shall have been made by any Senator no other
motion shall be in order until tiie same shall have been voted upon by
the Senate, unless the same s^all fail to be seconded.
“ After the Senate shall have decided to close debate, no motion shall
he in order but a motion to adjoin n or to take recess, when such motion
shall be seconded by a majority of the Senate.
When cither of said
motions shall have been lost or shall have failed of a second, it shall
not he in order to renew the same until one Senator shall have spoken
upon the pending measure or one vote upon the same shall have inter
vened.
“ For the foregoing stated purpose the following rules, namclv. V II,
V II I. IX . X , X I I , X I X , X X I I , X X V I I , X X V I I I , X X X V , and X L are
modified.”
On motion by Mr. Iloar lo amend the part proposed to he stricken out
by inserting, after the words “ the pending biil (H . It. 9 41U ),” the words
“ the hill to amend and supplement the election laws of the United
States (II. It. 1 1 0 4 5 )," and by adding, at the end of the resolutions, the
words “ and immediately thereafter the bill to amend and supplement
the election laws of the United States shall he taken up for considera
tion, and shail remain before the Senate every.day for three days, after
the reading of the Journal. to the exclusion of all other business, and on
the fourth day of September, at 2 o'clock, voting thereon, and on the
then pending amendments, shall begin and shall continue from day to
day, to the exclusion of other business, until the same arc finally dis
posed o f.”
After debate.
On motion by Mr. Spooner, (hat the resolution, with the proposed
amendment, he referred to the Committee on Rules,
Tending debate.
The President pro tempore announced that the hour of 12 o'clock had
arrived, and laid before the Senate the unfinished business at its ad
journment yesterday, viz, the bill (IT. R.
to reduce the revenue
and equalize duties on imports, and for other purposes.
[CoxciiESSiONAL R kcohd, 1st sess. 51st Cong.. S 841-S S 49.]
l i s t scss. J ilst Cong., J. of S „ Sept. 23, 1S 9 0 .]The Senate proceoed lo consider the resolution submitted by Mr. Quay
August IS, 1890, prescribing an order of business during the remainder
of the present session : and
Ordered, That it be postponed indefinitely.
[2d scss. 51st Cong., J. of S.. 4G, Dec. 23, 1890.]
Mr. Aldrich gave notice, in accordance with the provisions of Rule
X L . that he would move certain amendments to the rules, which would
modify Rules V II, V III. IX , X , X I I . X I X , X X I I , X X V I I , X X X V , and
X L , and for that purpose he would hereafter submit the following
resolution :
•
R e s o l r c d . That for the remainder of this session the rules of the
Senate be amended by ading thereto the following :
“ When any bill, resolution, or other question shall have been under
consideration for a reasonable time it shall be in order for any Senator
to demand that debate thereon be closed. On such demand no debate
shall be in order, and pending such demand no other motion, except
one motion to adjourn, shall be made.
If such demand be secouded
by a majority of the Senators present, the question shall forthwith be
taken thereon without debate.
If the Senate shall decide to close
debate on the bill, resolution, or other question, the measure shall take
precedence of all other business whatever, and the question shall be
put upon the amendments, if any. then pending, and upon the measure
in its successive stages, according to the rules of the Senate, but
without further debate, except that every Senator who may desire
shall be permitted to speak upon the measure, including all amendments,
not more than once, and not exceeding 30 minutes.
“ A fter the Senate shall have decided to close debate as herein pro
vide. no motion shall be in order but a motion to adjourn or to take
n recess, when such motion shall he seconded by a majority of the
Senate.
When either of said motions shall have been lost, or shall
have failed of a second, it shall not be in order to renew the same
until one Senator shall have spoken upon the pending measure, or one
vote upon the same shall have intervened.
“ Tending proceedings under the foregoing rule no proceeding in
respect of a quorum shall be In order until It shall have appeared on a
81722— 14543
I
division or on the taking of the yeas and nays that a quorum is not
present and voting.
“ Pending proceedings under the foregoing rule. all questions of
order, whether on appeal or otherwise, shall be decided without debate,
and no obstructive or dilatory motion or proceeding of any kind shall
be in order.
“ I'or the foregoing stated prrnosrs the following rules, nametv, VIT,
V II I. IX . X I I , X I X , X X I I , X X V I I , X X V I I I , X X X V , and X L , aro
modified.”
Ordered, That the proposed resolution be printed.
[2d sess. 51st Cong., ,T. c f S., 51, Dec. 20, 1SC0.]
Mr. Aldrich, pursuant to notice given on the 2fid instant, submitted
the following resolution, which was ordered to be printed :
Rcsoh'cd, That for the remainder of this session the rules of tho
Senate be amended by adding thereto the follow ing:
" When any bill, lesolution or other question shall have been under
consideration for a considerable time it shall le in order for any Sena
tor to demand that debate thereon be closed. On such demand no de
bate shall be in order, and pending such demand no other motion, except
one motion to adjourn, shall bo made. If such demand he seconded by a
m ajority ot' the Senators present, the question shall forthwith be taken
thereon without delate.
If the* Senate shall decide to dose debate oil
any bill, resolution, or other question, the measure shall take precedence
of all other business whatever, and the question shall be put upon the
amendments, if any. then pending, and upon the measure in its suc
cessive stages, according to the rules of the Senate, but without further
debate, except that every Senator who may desire shall be permitted to
speak upon the measure, including all amendments, not more than once,
and not exceeding 110 minutes.
‘‘A fter the Senate shall have decided to close debate as herein pro
vided, no motion shall be in order but a molion to adjourn or to take a
recess, when such motions shall be seconded by a majority of the Senate.
When either of said motions shall have been Tost or shall nave failed of
a second, it shall not he in order to renew the same until one Senator
shall have spoken upon the pending measure, or one vole upon the same
shall have intervene!.
“ Tending proceedings under the foregoing rule, no proceeding in re
spect of the quorum shall he in order until it shall have appeared on a
division, or on the taking of the yeas and nays, that a quorum is not
present and voting.
“ Tending proceedings under the forccoing rule, all questions of order,
whether upon appeal or otherwise shall lie «1er! d?d without debate: and
no obstructive or dilatory motion or proceedings of any kind shall he in
order.
“ For tho fororoing stated purposes the following rules, namclv, V II,
V III. IX . X , X I I , X I X , X X I I , X X V I I , X X V I I I , X X X V , aud X L , aro
modified.”
[2d sess 51st Cong., J. of S.. 87. Jan. 20, 1891.]
On motion by Mr. Aldrich, that the Senate proceed to the considera
tion of the resolution submittied by him December 29. 1S9(>. to amend
the rules so as :o provide a limitation of debate under certain condi
tions. and for that purpose to modify rules V II. V III, IX , X , X II, X i X ,
X X I I , X X V I I . X X V I I I , X X X V . and X L
It was determined in the affirmative;
When.
Mr. Harris raised a question of order, namely, that the notice given by
Mr. Aldrich was not sufficiently specific to meet the requirements of
Itule X L . as it did not specify the parts of the rules proposed to ho
suspended, modified, or amended, and the purposes thereof, and that
the proposed rule materially modifies Rules V and X X , and neither of
these rules are mentioned in the notice as rules proposed to be sus
pended. modified, or amended.
.
.
,
. ,
Pending which [the hour of 2 o’clock having arrived, e tc 1
[C ongressional R ecoup, 2d sess., 51st Cong., 15G4-L)GS.]
[2d sess. 51st Cong. J. of S.. 89, Jan. 22, 1891.]
On motion by Mr. Aldrich, that the Sena e proceed t o the considera
tion o f the resolution submitted by him December 29. IS.Hi, t o amend
the rules so as to provide a limitation of debate under certain condi
tions, and f o r that purpose t o modify R u l e s M l , N I I I , I a , a , a i i , a i a ,
X X I I , X X V I I , X X V I I I . X X X V . and X L .
„
,
r . .
,
Mr. Harris raised a question of order, namely, that the unfinished
business was the motion of Mr. Gorman, to correct the Journal of tho
81722— 1454S
. -
I
flay before yesterday, it being a question of tbe highest privilege, nnd
under Rule III to be proceeded with until it is concluded.
The Vice President overruled the question of order, nnd stated that
fte did not find any rule bearing upon the question of amending or ap
proving any other Journal than that of the preceding day, nnd is therefore or the opinion that the motion made by tbe Senator from Rhode
isla n d was in order, the morning hour having expired.
From the decision of the Chair Mr. Harris appealed to the Senate;
and.
On the question, “ Shall the decision of the Chair stand as the judg
ment of the S e n a te ?”
f
It was determined in the affirmative, {x 'ayg--------------------- " ---------------30
On motion bv Mr. Cockrell,
T he yeas and nays being desired by one-fifth of the Senators present,
(The names are omitted. 1
So the decision of the Chair was sustained.
[C ongressional R ecoup, _d scss. 51st Cong., 1G54-1G31.]
[2d sess. 51st Cong., .T. o f S., 90, Jan. 22, 1S91.]
The question recurring on the motion of Mr. Aldrich, that the Senate
proceed to the consideration of the resolution.
On motion by Mr. Gorman, to lay the motion on the table,
It w as determined in the negative,
-- -----------------jj?
On motion by Mr. Gorman,
The yeas and nays being desired by one-fifth of the Senators present,
The names are omitted ]
•o the motion to lay on the table was not agreed to.
Mr. Ransom raped a question of order, namely, that the motion to
take up the resolution was not in order because the Journal of the 20th
instant as read on the 21st shows that the resolution was taken up on
the 20th, and if tha* Le true, it then became and now is the unfinished
business.
The Vice President overruled the question of order.
From the decision of the Chair Mr. Ransom appealed to the Senate;
and.
On the question, Shall the decision of the Chair stand as the judgment
erf the Senate?
It was determined in the affirmative, j^ a y s
On motion by Mr. Ransom,
The yeas and nays being desired by one-fifth of the Senators present,
Those who voted in the affirmative are,
[The names are omitted.]
/■ So the question of order was overruled.
M r. Gorman asked that the motion of M r. Aldrich be put in writing.
The motion having been reduced to writing, and the question recur
ring on agreeing on the same,
It was determined in the affirmative, j\ jayg'
y®
On motion by Mr. Aldrich.
The yeas and nays being desired by one-fifth o f the Senators present,
[T h e names are omitted. 1
So the motion was agreed t o ; and
The Senate resumed the consideration of the resolution ; nnd
The question being on the ncint o f order raised l v Mr. Harris on the
20th instant, namely, that the notice given by Mr. Aldrich was not
sufficiently specific to meet the requirements of Ride X L , as it did not
specify the parts of the rules supposed to be suspended, modified, or
amended, and the purposes th ereo f; and that the proposed rule mate
rially modifies Rules V and X X , and neither of these rules is men
tioned in the notice as rules proposed to be suspended, modified, or
amended,
The Vipc President overruled the question of order, and decided that
It was not well taken, as in the opinion of the Chair the purpose and
spirit of the rule are stated in the resolution submitted by Mr. Aldrich.
From the decision of the Chair Mr. Faulkner appealed to the Senate,
and
A fte r debate.
A t 2 o'clock and 55 minutes p. m., Mr. Gorman raised a Question as
to the presence of a quorum ;
Whereupon,
The Presiding Officer (M r. Manson I d the chair) directed the roll to
be called.
81722— 14548
I
Wlicn
Fifty-one Senators answered to their names.
A quorum being present, and the question recurring upon the appeal
taken by Mr. Faulkner from the decision of the Chair,
After further debate.
On motion by Mr. Aldrich that the appeal lie on the table,
Mr. Gorman asked that the motion be put in w riting: and
The motion having been reduced to writing by Mr. Aldrich,
On the question to agree to the same.
It was determined in the affirmative,
—
On motion by M r. Gorman,
The yeas and nays boina desired by one-fifth o f the Senators present,
I The names are om itted.]
So the motion was not agreed to.
The question recurring on agreeing to the resolution submitted by
Mr. Aldrich.
Pending debate.
( Congees s i 6 nal R ecoed , 2d sess. 51st Cong., 1 664-1G 82.)
[2d sess. 51st Cong., J. of S., 91, Jan. 22, 1891.]
The Senate resumed the consideration o f the resolution submitted
by Mr. Aldrich to amend the rules so as to provide a limitation of
debate.
An amendment having been proposed by Mr. Stewart,
On motion by Mr. Faulkner, the yeas und nays were ordered.
Pending debate.
On motion by Mr. Aldrich, at 5 o'clock and 15 minutes p. m.,
The Senate tcck a recess until L2 m., Monday.
M onday, 12 o'clock m.
The Senate resumed the consideration of the resolution submitted by
Mr. Aldrich to amend the rules so as to provide a limitation of debate;
und
The question being on the amendment proposed bv Mr. Stewart,
[C ongressional R ecord, 2d sess.. 51st Cong., 1 6 8 2 -1 7 3 8 .]
[2d sess. 51st Cong., J. of S.. 91, Jan. 22, 1891.]
The Senate resumed the consideration of the motion submitted by Mr.
Gorman to amend tlie Journal of the proceedin s of Tuesday, the 20th
Inslant, Ly striking out, afler the motion submitted by Mr. Aldrich that
the Senate resume the consideration of the resolution to ameDd the rules
so as to provide a limitation of debate, the words “ It was determined
In the affirm ative” : when.
By unanimous consent, the order for the yeas and nays was with
drawn ; and,
The motion to amend having been agreed to,
The Journal was approved.
The Senate esumed the ccnslderation o f the question of the approval
of the Journal o f the proceedings of Wednesday, the 21st in stan t; and
The Journal was approved.
[2d sess. 51st Cong., J. of S., 173, Feb. 26, 1891.]
On motion by M r. Ali son,
The Senate iesumed. as in Committee of the Whole, the consideration
of the bill (II. R. 13462) making appropriations for sundry civil ex
penses of the Government for the fiscal year ending June 30, 1802, and
for other purposes;
W hen,
On motion by Mr. Allison and by unanimous consent.
Ordered, That dining the consideration of the pending bill debate on
amendments thereto shall be limited to five minutes for each Senator on
the pending question, and that no Senator shall speak more than once
on the same amendment.
Mr. OWEN. Now, Mr. President, that record which I have
submitted without reading comes down to 1S91, when Mr.
Aldrich proposed a cloture rule for the limitation o f debate.
I want to call attention to several other propositions which have
been made since that time, one by the Senator from New Hamp
shire [Mr. Gallingkr], now representing the State of New
Hampshire in this body, on October 14, 1S513, found on page 2504
of the C o n g r e s s i o n a l R e c o r d , Fifty-third Congress, first session,
ns follow s: 1
When any bill or resolution reported from a standing or select com
mittee Is under consideration, if a majority o f the entire membership
81722— 14548
o f the Senate submit a request in writing, through the Chair, that
debate close, such papers shall he referred to the Committee on Rules,
Rnd it shall be the duty of said committee within a period not exceed
ing five days from the date of said reference to report an order naming
a day and hour when a vote shall be taken, and action upon said report
shall be had without amendment or debate.
Senator Gallinger was very wueli in favor of a cloture in
those days.
Senator Hoar also proposed a resolution on cloture. Nor were
they alone in that respect as distinguished leaders of the opposi
tion, but. Senator L o d c e also proposed the following rule in order
to prevent the abuse of the floor of the Senate:
And it shall not be in order at any time for any Senator to read a
speech, either written or printed.
Senator Vest, c f Missouri, in 1S93 introduced the following
resolution, the most moderate form of terminating so-called de
bate (CoNGREssroNAr. IiEcono, p. 45. Dec. 5, 1394) :
Amendment intended to he proposed to the rules c f the Senate,
namely, add to Rule I the following section:
“ S ec. 2. Whenever any bill, motion, or resolution is pending before
the Senate as unfinished business and the same shall have been debated
on divers days, amounting in all to HO, it shall be in order for any
Senator to move that a time be fixed for the taking of a veto upon such
bill, motion, or resolution, and such motion shall not be amendable or
debatable, but shall be Immediately p u t: and if adopted by a majority
vole of all the Members of the Senate, the vote upon such bill, motion,
or resolution, with all Hie amendments thereto which may have been
proposed at the time of such motion, shall be had at the date fixed in
such original motion without further debate or amendment, except by
unanimous consent, and during the pendency of such motion to fix a
date, and also at the time fixed by the Senate for voting upon such bill,
motion, or rrsclulion no other business of any kind or character shall
be entertained, except by unanimous consent, until such motion, bill, or
resolution shall have been finally acted upon.”
Hon. Orville H. Platt, on September 21, 1S93, introduced the
following resolution (p. 1G3G) :
Whenever any bill or resolution is pending before the Senate as un
finished business the presiding officer shall, upon the written request
of a majority of the Senators, fix a day and hour, and notify the Sen
ate thereof, when general debate shall cease thereon, which time shall
not be less than five days from the submission of such request, and he
shall also fix a subsequent d iy and liour.-and notify the Senate thereof,
when the vote shall be taken on the bill or resolution and any amend
ment thereto without further debate, the time for taking the vote to
be not more (ban two days later Ilian the time when general debate is
to cease, and in the interval between the closing of general debate and
the taking cf the vote no Senator shall speak more than five minutes
nor more than once upon the same preposition.
And, among other things, said:
The rules o f the Senate, as of every legis’ atlve body, ought to facili
tate the transaction of business.
1 think that proposition will not be
denied. The rules of the Senate r s they stand to-d iy make it im
possible, or nearly impossible, to transact business. 1 think that propo
sition will not be denied.
W e as a Senate are fart losing the respect
of the people of the United States. We are fast being considered a body
that exists for the purpo-e of retarding and obstructing legislation. Wo
are being compared in the minds of the people of this country to the
IIousc c f Lords in Kngland, and the reason for it is that under our
rules It is impossible or nearly impossible to obtain action when there
Is anv considerable oppo-ttion to a bill here.
I think that I may safely say that there is a large m ajority upon t h i3
side of the Senate who would favor the adoption of such a rule at the
present time.
Mr. Hoar. o f Massaebusetts (1S93). submitted to the commit
tee a proposed substitute, as follows (p. 3G37):
Resolved, That the rifles of the Senate be amended by adding the
follo w in g:
-*• When any bill or resolution shall have been under consideration
for more than one day It shall be In order for any Senator to demand
81722— 1 4 3 4 8
that debate thereon be closed.
If such demand be seconded by a
majority of the Senators present, the question shall forthwith be taken
thereon without further debate, and the pending measure shall take
precedence of all other business whatever. If the Senate shall decide to
close debate, the question shall be put upon the pending amendments,
upon amendments of which notice shall then be given, and upon the
measure in its successive stages according to the rules of the Senate,
but without further debate, except that every Senator who may desire
shall be permitted to speak upon the measure not more than once and
not exceeding one hour.
“ After such demand shall have been made by any Senator no other
motion shall be in order until the same shall have been voted upon by
the Senate, unless the same shall fail to be seconded.
“ After the Senate shall have decided to close debate no motion shall
be in order, but a motion to adjourn or to take a recess, when such
motion shall be seconded by a majority of the Senate. When either of
said motions shall have been lost or shall have failed of a second it
shall not be in order to renew the same until one Senator shall have
spoken unon the pending measure or one vote upon the same shall have
intervened.
“ For the foregoing stated purpose the following rules, namelv. VII,
V III. IX , X , X I I , X I X , X X I I . X X V I I , X X V I I I , X X X V , and X L , are
modified.”
Mr. L odge, of Massachusetts, also then, as now, Senator of
the United States from Massachusetts, supported this proposal,
using the following language (p. 2637) :
It is because I believe that the moment for action h?is arrived that
I desire now simply to say a word expressive of my very strong belief
in the principle of the resolution offered by the Senator from Connecti
cut, Mr. I'latt.
We govern in this country in our representative bodies by voting and
debate. It is most desirable to have them both. Both a r c'o f great im
portance. But if we are to have only one. then the one which leads to
action is the more important. To vote without debating may be hasty,
may be ill considered, may be rash, but to debate and never vote is
imbecility.
1 am well aware that there are measures now pending, measures
with reference to the tariff, which I consider more injurious to the
country than the financial measure now before us.
I am aware that
there is a measure which lias been rushed into the House of Representa
tives at the very moment when they are calling on us Republicans for
nonpartisanship’ which is partisan in the highest degree and which in
volves evils which I regard as infinitely worse than anything that can
arise from any economic measure, because it is a blow at human rights
and personal liberty. I know that those measures are at hand, i know
that such a rule as is now proposed will enable a majority surely to
put them through this body after due debate and will lodge in the hands
of a majority tno power and the high responsibility which I believe the
majority ought always to have.
But. Mr. President, I do not shrink
from the conclusion in the least. If it is right now to take a step like
this as 1 believe it is. in order to pass a measure which the whole
country is demanding, then, as it seems to me. it is right to pass it for
all measures. If It is not right for this measure, then it is not right to
pass it for any other.
. , , ,
„
^ , .. .
I believe that the most important principle in our Government is that
the majoritv should rule. It is for that reason that I have done what
lay in my power to promote what I thought was for the protection of
elections,'because I think the nrajorit.v should rule at the ballot box. I
think equally that the m ajority should rule on this floor— not by violent
methods, but bv propci dignified rules, such as are proposed by my
colleague and b’v the Senator from Connecticut. The country demands
action and we give them words.
For these yeasons, Mr. President. I
have ventured to detain llie Senate in order to express my most cordial
approbation of ti e principle involved in the proposed rules which have
Just been teferred to the committee.
Senator David Ii. Hill, of New York (1S93), proposed tile fol
lowing amendment tp. 1639) :
Add to Rule IX the following section:
“ S ec . 2. Whenever any bill or resolution is pending before the Sen
ate as unfinished business and the same shall have been debated on
divers days amounting in all to 30 days, it shall be in order for any
Senator to move to fix a date for the taking of a vote upon such bill or
81722— 14543
resolution, and such motion shall not be amended or debatable; and If
passed by a majority of all the Senators elected the vote upon such bil!
or resolution, with all the amendments thereto which may be pending
at the time of such motion, shall be immediately had without further
debate or amendment, except by unanimous consent.”
Only last Congress. April G, 1911, the distinguished Senator
from New York, Mr. R oot, introduced the following resolution:
Resolved, That the Committee cn Rules be, and it is hereby, instructed
to report for the consideration of the Senate a rule or rules to secure
more effective control by the Senate over its procedure, and especially
over its procedure upon conference reports and upon bills which have
been passed by the House ana have been favorably reported in the Sen
ate.
(C O N G R E S S IO N A L R E C O R D , VOl. 47, pt. 1, p. 107.)
And Senator L odge argued very strongly in favor of a cloture.
Mr. THOMAS. Mr. President-----The PRESIDING OFFICER. Does the Senator from Okla
homa yield to the Senator from Colorado?
Mr. OWEN. I yield to the Senator from Colorado.
Mr. THOMAS. If the Senator will turn to pages 1637 and
1638 of the same volume that he holds in his hands, he will
find, if my memory serves me right, a resolution upon the sub
ject offered by Mr. L odge, or else a speech in favor o f a reso
lution previously offered by Senator Platt—a speech which
contains a great deal of matter which is pertinent to the present
situation.
Mr. OWEN. Senator Platt, on the 20th o f September, 1S93,
proposed the following resolution:
Resolved, That Rule IX of the Senate be amended by adding the
following section :
S ec . 2. Whenever any bill or resolution is pending before the Senate
as unfinished business the Presiding Officer shall, upon the written re
quest of a majority of the Senators, fix a day and hour and notify
the Senate thereof when general debate shall cease thereon, which time
shall not be less than five days from the submission request, and ho
shall also fix a subsequent day and hour, and notify the Senate thereof,
when the vote shall be taken on the bill or resolution and any amend
ment thereto without further debate; the time for taking the vote to
be not more than two days later than the time when genera! debate is
to cease, and in the interval between the closing of general debate and
the taking of the vote no Senator shall speak more than five minutes
or more than once upon the same proposition.
Senator Platt argued strongly for this; nor was he alone.
Senator L odge, on page 2536. made an argument in favor of
cloture, to this effect:
I believe, of course, that the [froper way is to go straight at it and
to put in the hands of the majority of the Senate the power to close
debate and the power to take a vote after duo debate.
But as it appears that there is not a majority in the Senate for
closure, as no action has been taken by the Committee on Rules in
that direction, and as there appears to be a prejudice against any
method of bringing the Senate to a vote because It Is in conflict witn
Senate traditions. I have ventured to offer two amendments which I
think will at least tend to prevent obstruction, although they are not as
thorough and complete as they ought to be.
This question of obstruction has culminated in the great representa
tive bodies of the English-speaking people within the last few years.
It has been met and disposed of In the House of Commons by tho
closure rules, which recently have been applied in practice at every
stage of the home rule bill.
It has been met and disposed of in the
House of Representatives.
Those two great representative bodies of
the English-speaking people, owing to reforms which have been car
ried out within the last half dozen years, are able to-day to transact
business, to transact it according to the will of the majority, and
thereby to place upon the majority the public responsibility which they
ought to bear.
81722— 14548
And more to like effect from the distinguished Senator from
Massachusetts.
The Senator from Massachusetts was not content with ex
pressing himself in that respect in the United States Senate,
but he wrote a very interesting article for the North American
Review, in the issue of November, 1SD3, page 023,. in which
he sets up with great force the importance of allowing a ma
jority to rule, in which he advocates the Reed rules in the
House of Representatives, which since that time have been,
wisely enough, adopted by every succeeding Congress, whether
Democratic or Republican, because the common sense of a
parliament requires that the majority shall not be throttled
by the minority, for the simple reason the majority must be
permitted to exercise the functions for which they are chosen
by the American people, if representative government is to
stand. I shall ask to put this short article by Mr. Lodge as an
addendum to my remarks, if there is no objection. It is a
very short one.
The PRESIDING OFFICER. The Chair hears no objection.
Mr. OWEN. Mr. L odge, after arguing strenuously fo r the
cloture------
Mr. GALLINGER. Will the Senator give the date o f that
article?
Mr. CWEN. November, 1S93.
A fte r arguin g strenuously for the cloture, M r. L odge points
out the practice o f the previous question, and s a y s :
But the essence of a system of courtesy i3 that it should be tho
Bame at all points. The two great rights in our representative bodies
are voting and debate.
If the courtesy of unlimited debate is granted,
it must carry with it the reciprocal courtesy o f permitting a voie after
due discussion.
If this is not the case, the system is impossible. Of
the two rights, moreover, that of votin'; is the higher and more im
portant. W e ought to have both, and debate certainly in ample mens
u rc: hut if we nrc forced to choose between them, the right of action
must prevail over the right of discussion. To vote without debating
is perilous, but to debate and never vote is imbecile.
I commend the language o f the Senator from Massachusetts
to the Senator from New Hampshire.
Mr. GALLINGER. Mr. President, if the Senator will yield-----The PRESIDING OFFICER. Does the Senator from Okla
homa yield to the Senator from New Hampshire?
Mr. OWEN. I yield to the Senator from New Hampshire.
Mr. GALLINGER. The Senator has quoted an amendment
to the rules which I wrote shortly after coming into this body,
which was sent to the Committee on Rules and never came out
of that committee. I did hold to that view at that time; but
I listened to a wonderful speech from Senator Turpie, o f Indi
ana, about that time in opposition to cloture, which did very
much toward converting me to the opposite view.
The Senator from Massachusetts [Mr. L o d g e ] came into the
Senate fresh from the House in 1S93. imbued with the idea
that the Reed rules were the acme o f perfection, and he advo
cated that practice. It was during a famous debate on tho
repeal o f the silver-purchase clause in the law that was then
on the statute books, and our Democratic friends were filibus
tering against it with great earnestness and with a good deal o f
success.
81722— 14548
26
Mr. THOMAS. Mr. President-----The PRESIDING OFFICER. Does the Senator from Okla
homa yield to the Senator from Colorado?
Mr. OWEN. I yield to the Senator from Colorado.
Mr. THOMAS. I simply wish to remind the Senator from
New Hampshire that that filibuster was not a party filibuster.
There were a great many Senators upon the Republican side
engaged in it. One was from my State, who afterwards took
his seat upon this side. It was not a Democratic filibuster.
Mr. GALLINGER. There were four or five so-called Repub
licans at that time-----Mr. THOMAS. Oh, there were more than that. Mr. Presi
dent. and there was nothing ‘ ‘ so called” about them. They
were Republicans.
Mr. GALLINGER. Mr. President. I thank the Senator for
permitting me the opportunity o f saying that when I first came
here I did entertain the view the Senator has attributed to
me; but I listened very attentively to the views of Senators,
many o f whom had been here a iong time, and I found that they
were almost unanimously against that procedure. They assured
me that no harm had ever come from it, and I changed my
views, and I have entertained those changed views from that
day to the present time.
Mr. OWEN. Mr. President, against the views of Mr. Turpie,
the Senator referred to by the Senator from New Hampshire,
I wish to quote the language of another distinguished Senator
of that date on the Democratic side—Senator White, now the
Chief Justice of the Supreme Court of the United States. lie
said, on October 13. 1893 ( C o n g r e s s i o n a l R ecord , p. 2477),
in commenting on the filibuster of that date:
Sir, we have for days and days in this great body, upon which the
eyes of the whole world have been turned in the past as the most
exalted and the most dignitiecl and the most responsible legislative
body on the face o f God's earth, witnessed scenes in it which, in my
judgment, have made it an object of contempt to every civilized man
and to every honest judgment. So far as I am concerned. I hope that
this action to-night will Initiate the first step to reach a point in
which this great lodv. gathering its self-respect about it. will so deport
itself as to save at least some of the honor and some o f the character
which has been its ornament for so many years
W hile it is sought to
drag it down in the mire and dust. I hope it will so deport itself as to
vindicate its duty. If gentlemen sit in this room and call attention to
the absence of a quorum, and then remain silent on t ’ >e roll called
to ascertain whether there is a quorum, I hope there will be firmness
and manhood hero to visit that punishment which, in my judgment,
such conduct de-erves.
If i t he done. then, sir, those who use such
methods will seek some other fipld for their display than this. If it be
not done, the self-respect of this body is, in my judgment, gone.
Senator David B. Hill likewise objected very strongly to the
abuse o f the time of the Senate by the filibuster, and he was
not alone in that. I call atteutiou to the proposal o f Senator
Ilill in 1893. page 1G39:
Add to Itulc IX the following section :
•• S ec . 2. Whenever any bill or resolution i s pending before the Sen
ate as unfinished business and the same shall have been debated on
divers days amounting in all to SO days, it shall he In order for any
Senator to move to fix a date for the taking of a vote upon such bill or
resolution, and such motion shall not he amended or debatable: and if
passed by a majority of all the Senators elected the vote upon such hill
or resolution, with all the amendments thereto which may be pending
nt the time of such motion, shall he immediately had without further
debate or amendment, except by unanimous consent.”
81722— 14548
27
Nor does this by any means end the matter on the two sides
of the Chamber. There are many distinguished Senators who,
in the course of the debates on these questions, expressed simi
lar sentiments. I shall not encumber the Recobd with making
quotations from them, except to show that the leaders on both
sides of this Chamber, as the exigencies seemed to require, have
not hesitated to urge amendment o f the rules to provide for a
previous question after reasonable debate has been had,*
Mr. WEEKS. Mr. President-----The PRESIDING OFFICER. Does the Senator from Okla
homa yield to the Senator from Massachusetts?.
Mr. OWEN. I yield to the Senator from Massachusetts.
Mr. WEEKS. I wish to ask the Senator if any Senator has
ever made that contention when he was in the minority party
of the Senate? Has it not always been when he was in the
majority?
♦
Mr. OWEN. Oh, I think so, very generally. That does not
change the force of the opinions and arguments cited, however.
If you gentlemen, through your leadership on that side, declare
vehemently ia favor of the virtue of a cloture when you are in
the majority, and if the gentlemen on this side declare
vigorously in favor of a cloture when they are in the
majority, does it not argue that both sides have committed them
selves earnestly to the reasonable, common-sense rule that the
majority shall command this Chamber? And if both sides have
committed themselves, with what face will you deny the reason
of the rule which you have yourselves advocated with such force
and with such earnestness? Do you wish to argue that both
sides were fraudulently making the argument and that neither
side is entitled to the respect o f honest men, and that their
opinions are worthless because merely indicating a desire for
partisan advantage?
I f this be true, let us follow the rule of all other great par
liamentary bodies—of Great Britain, of France, of Germany, of
Austria, of Italy, of Switzerland, o f Hungary, of Spain, of Den
mark—of the great States of our own Union, who do not permit
filibuster or the rule of the minority over the majority.
Mr. FLETCHER. Mr. President-----The PRESIDING OFFICER. Does the Senator from Okla
homa yield to the Senator from Florida?
Mr. 0\7EN. I yield to the Senator from Florida.
Mr. FLETCHER. May I ask the Senator if ne does not think
that ..hen the rule was originally adopted providing that a
Senator could speak once in one day upon a question in debate, it
was contemplated that the speech would be confined to the ques
tion pending and then before the Senate?
Mr. OWEN. Oh, absolutely. No one imagined in the early
days of the Senate that the minority would have the shameless
impudence to try to rule the majority.
Mr. FLETCHER. And does not the Senator think this
abuse has grown up not because the rule ever contemplated
such abuse, but rather in spite of it, and that the abuse consists
largely in the fact that nowadays the so-called debate or dis
cussion or speech is not confined at all to the question before
the Senate, but all latitude is given for the discussion of any
old subject at any old time, whether it is really before the
Senate or not? Does not the Senator think tliat is really the
81722— 14548
28
abnse, and that that was never contemplated by the Senate
when the rules were originally adopted?
Mr. OWEN. That is quite true. When the rules of the
Senate were adopted in 17S9 they had the “ previous question” '
coming from the Continental Congress, which had the previous
question coining from the Parliament of Great Britain, which
had the previous question in 1690. The Senate maintained the
previous question for 17 years. It was then a small body of
very courteous men, only 34 in number, and they dropped tbe
previous question as not needed in so small a body of such
very courteous men. They had only used it three times in 17
years, and as a matter of courtesy they merely omitted the
previous question from the printed rules. It still was permis
sible under the general parliamentary law. They never imag
ined the Senator from Ohio speaking for 9> hours, the Senator
from California speaking for long hours on the shipping bill,
but confining his rambling observations to a dissertation on
Christian science, followed by the Senator from Utah by a
13-hour speech, and speech after speech consuming days for the
shameless purpose of killing time and killing majority rule and
defeating popular government.
Air. GALLINGER. Air. President, will the Senator permit
me to interrupt him further?
Mr. OWEN. I yield to the Senator from New Hampshire.
Air. GALLINGER. I will suggest to the Senator from
Florida that if he should enforce that rule it would prevent
the Senator from Oklahoma from making his very interesting
discussion to-day.
Air. OWEN. Oh, that may be true, Air. President. I agree
with the Senator from New Hampshire that a speech on the
cloture would not be very much in point on the pending ques
tion of the shipping bill, but-----Air. FLETCHEIt. But that is the pending question.
Air. OWEN. Yes; it is so far in point that the Senator from
Atissouri [Air. R eed] has moved a temporary, particular, and
special cloture for the purpose of bringing to a conclusion the
endless filibuster on that side of the Chamber and getting a
vote on the shipping bill. I am not far afield in discussing
cloture in this way, for cloture is needed to get the vote on
the shipping bill.
Air. FLETCHER. That is the precise question.
Air. OWEN. I think I am really much more in point than tho
Senator from New Hampshire would indicate.
Air. President, I wish to submit for the R ecord the practice
o f every State in the Union. I have in my hand a compilation
of the rules on the "previous q u e s t i o n of the various States
comprising this Republic, and I submit them to show that the
common sense of the people of this Republic, the common sense
moving the legislatures of the various States, has spoken in
regard to this matter; and only when they have had no trouble
from an unfair filibuster is there the absence o f a rule of clo
ture; that is, where the rule of courtesy carries with it the
reciprocal courtesy of permitting the majority to vote after
reasonable debate has been had.
The PRESIDING OFFICER. Is there objection to the inser
tion of the statement in the R e c o r d ?
81722— 14548
29
Mr. GALLINGER. Mr. President, before agreeing to the in
sertion I will ask the Senator, with his iiennission, if "he has
given the rules of the State senates as well as the houses of
representatives?
Mr. OWEN. Yes; both are given—both the senate and house,
wherever it occurs. I had it compiled by the legislative refer
ence division of the Library of Congress for the use of the
Senate.
Mr. GALLINGER. I will say to the Senator that I chance to
know that we have not a previous question in the State Senate
of New Hampshire.
Mr. OWEN. In the State Senate of New Hampshire, I take it,
the Senator will not allege that any filibusters have been carried
on so as to defeat the will of the majority. If so, I shall be glad
to have the Senator say that that is a fact.
Mr. GALLINGER. I think probably the Senator is correct.
We do not have before the Legislature of New Hampshire the
great questions that we have before this body.
Mr. OWEN. And therefore there is no need for the rule of
cloture, because your senate does not violate the courtesy of
freedom of debate by a filibuster-----Mr. GALLINGER. I do not know that there has been any
prolonged filibuster, but I do kuow that unlimited debate is
allowed under the rules. That is all I know about it.
The PRESIDING OFFICER Is there objection to the in
sertion in the R ecord o f the matter referred to by the Senator
from Oklahoma? The Chair hears none, and it is so ordered.
The matter referred to is as follows:
P
r e v io u s
Q
u e s t io n
in
S tate
L e g is l a t u r e s .
ALABAMA.
.k
Senate.
No rule.
House.
20. The previous question shall be in the following form : “ Shall the
main question be now p u t ? ”
If demanded by a vote of a majority of
the members present, its effect shall be to cut off all debate and bring
the house to a direct v o te ; first, upon the pending amendments, if there
are any iu their order, and then on the main question, but the mover
Of the question or the chairman cf the committee having charge of the
bill or resolution shall have the right to close the debate after the call
of the previous question has been sustained for not more than 15
minutes. (Ilouse rules, 1915, p. 8.)
I
ARIZONA.
Senate.
82. There shall be a motion for the previous question, which being
ordered by a majority of senators voting, if a quorum he present, shall
have the effect to cut off all debate and bring the senate to a direct vote
upon the immediate question or questions on which it has been asked
and ordered. The previous question may be asked and ordered upon a
single motion, a series of motions allowable under the rules, or an
amendment or amendments, or may be made to embrace all authorized
motions or amendments and include the bill to its passage or rejection.
It shall be in order, pending the motion for. or after the previous question
shall have been ordered on its passage, for the president to entertain
and submit a motion to commit, with or without instructions, to a
standing or select committee. (Senate journal, 1912, p. 75.)
House.
Information not available.
A R K A N SA S.
Senate.
19. The previous question shall not be moved by less than three
members, and shall he stated in these words, to w it : “ Shall the main
81722— 14548
1,11
30
question be now p u t ? " I f the previous qnestion is lost, the main qncstion shall not thereby be postponed, but the senate shall proceed with
the consideration of the same. If the previous question is carried, the
original mover of the main question, or. if the bill or resolution origi
nated in the other house, then the chairman of the committee reporting
the same shall have the right to close the debate and be limited to 30
m inutes; and should the previous question be ordered on a subject de
batable, before the same has been debated, the friends and the oppo
nents of the measure shall have 30 minutes on either side in which to
debate the question if desired. (Senate journal, 1001, p. 33.)
H ou se.
53.
When any debatable question is before the house any member
may move the previous question, but it shall be seconded by at least five
members whether that question (called the main question) shall now be
put.
If it passes in the affirmative, then the main question is to lie
put immediately, and no member shall debate it further, either to add to
or a lte r : Provided further, W hen, the previous question shall have
been adopted the mover of the main question or chairman of the com
mittee shall have the privilege of c!o=ing the debate and be limited to
one-half hour: Provided further, When the previous question has
been ordered on a debatable proposition which has not been debated ll>
minutes in tbe aggregate .-.-hall lie allowed the friends and opponents of
the proposition each before nutting the main question. (House journal,
1913, p. 28.)
C A L IF O R N IA .
Senate.
57. The previous qnestion shall bo put in the following form : “ Shall
the question be now p u t ? ”
It shall only be admitted when demanded
by a majority of the senators present upon a division : and its effect
shall be to put an end to all debate, except that the author of the bill
or the amendment shall have the right to close, and the subject under
discussion snail thereupon lie immediately put to a vote. On a motion
for. the previous question prior to a vote being taken by the senate, a
call of tLe senate shall be in order.
(List of members and rules, 1913,
p. 59.)
Assem bly.
45. The previous question shall lie in this form : “ Shall the main
question lie now p u t ? ”
And its effect, when sustained by a majority
of the members present, shall be to put an end to all debate and bring
the House to a vote on the question or questions before it.
(List of
members and rules, 1913, p. 119.)
COLORADO.
Senate.
X , 2. Debate may be closed at any time not less than one hour from
the adoption of a motion to that effect, and upon a three-fifths vote of
the members elect an hour may be fixed for a vote upon the pending
measure. On either of these motions not more than 10 minutes shall
be allowed for debate, and no senator shall speak more than 3 m inutes;
and no other motion shall lie entertained until the motion to close de
bate or to fix an hour for the vote on the pending question shall have
been determined.
(Senate Journal, 1907, p. 101.)
II ouse.
X X V I . 1. When there shall be a motion for the previous question,
which, being ordered by a majority of members present, if a quorum,
It shall have the effect to cut off all debate and bring the house to a
direct vote upon the immediate question or questions on which it has
been asked or ordered. The previous question may be asked and ordered
upon a single motion, a series of motions, allowable under the rules, or
an amendment or amendments, or may lie made to embrace all author
ized motions and amendments, and a motion to lay upon the table shall
be in order on the second or third reading of the bill.
2. A call of' the house shall not be in order after the previous ques
tion is ordered unless it shall appear upon tbe actual count by the
speaker that a quorum is not present.
3. All incidental questions of order arising after a motion is made
for tlie previous question, and pending such motion, shall be decided,
whether on appeal or otherwise, without debate.
(House Journal, 1907,
p . 215.)
-
81722— 14548.
31
CON N ECTICU T.
Senate.
In the senate of 1011 the previous question was called for. and tho
point was raised that the previous question does not prevail in the
senate; the president pro tempore (I'eck) ruled the point well taken.
(S . J.. 1911, p. 5 5 5 ; register and manual, 1914, p. 133.)
House.
33. When a question is under debate no motion shall be received
except—
1. To adjourn.
2. To lay on the table.
3. For the previous question.
4. To postpone indefinitely.
5. To c ose the debate at a specified time.
0. To postpone to a time certain.
7. To commit or recommit.
8. To amend.
9. To continue to the next general assembly.
Which several motions shall have precedence in the order in which
they stand arranged in this rule, and no motion to lay on the table,
commit, or recommit, to continue to next general assembly, or to post
pone indefinitely, having keen cnce decided, shall lie again allowed
at the same sitting and at the same stage of the bill or subject
matter.
(Register and manual. 1914, p. 113.)
D ELAW ARE.
Senate.
5. All motions shall he subject to debate, except motions to adjourn,
to lay on the table, and for the previous question.
25. When a question is under debate no motion shall be received but
to adjourn, to lay on the table, for the previous question, to postpone
to a certain day. to commit, to amend, and to postpone indefinitely,
which several motions shall have precedence in the order in whicli
they are arranged.
(Senate rules, 1915, pp. 30, 34.)
House.
So.
A motion for the previous question shall not he entertained, ex
cept at the request of five members rising for that purpose, and shall
be determined without debate: but when ihe previous question lias
been called and sustained it shall not cut oflf any pending amendment.
The vote shall be taken, without debate, first on the amendments in
their order and then on the main question. (House rules, 1915, pp.
4 3 -4 4 .)
FLO RID A,
Senate.
No rule.
House.
12. lie shall put tho previous question in the following form ; “ Shall
the main question be now put?” And all debate on the main question
and pending amendments snail be suspended, except that the introducer
of a bill, resolution, or motion shall, if he so desire, he allowed five
minutes to discuss the same, or he may divide his time with or may
waive his right in favor of some other one member before the previous
question is crdeicd.
After the adoption of the previous question the
sense of the house of representatives shall forthwith he taken on
pending amendments in their regular order and then put upon the
main question.
13. On the previous question there shall be no debate.
(House
journal, 1911, p. 259.)
GEORGIA.
S e n a te.
50. The motion for the previous question shall be decided without
debate and shall take precedence of all other motions except mot'ons
“ to adjourn ” or “ to lav on the table," and when it is moved, the first
question shall he, “ Shall the call for the previous question he sus
ta in e d ?”
If this be decided by a majority vote in the affirmative, the
motion “ to adjourn ” or “ to lay on the table ” can still lie made, hut
they must he mode before the next question, to wit, " Shall the main
question he now p u t ? ’ is decided in the affirmative; and after said last
question is affirmatively decided by a majority vote said motions will
be out of order, and the Senate can not adjourn until the previous
question is exhausted or the regular hour of adjournment arrives.
51. When the previous question has been ordered, the Senate shall
then proceed to net on the main question without debate, except that
81722— 14548
i I
H
before the main question is put 20 minutes shall be allowed to the
committee whose report of the bill or other measure is under considera
tion to close debate. When the report of the committee is adverse to
the passage of the bill or other measure, the introducer of the bill shall
be allowed 20 minutes before the time allowed to the committee for
closing the debate. The chairman of the committee, or the introducer
of the bill or other measure, may yield the floor to such senators as
he may indicate for the time, or any nart of it, allowed under this rule.
52.
Alter the main question is ordered any senator may call for a
division of the s»nate in taking the vote, or may call for the yeas and
n a y s: but on all questions on which the yeas and nays are called the
assent of one-fifth of the number present shall be necessary to sustain
the call, and when such call is sustained, the yeas and nays shall be
entered on the journal.
515. The effect of the order that the *• main question be now put ” is
to bring the senate to a vote on pending questions in the order in which
they stood before it was moved.
54. After the main question has been ordered no motion to reconsider
shall he in order until after the vote on the main question is taken and
announced.
55. In all cases of centosted election, where there is a majority and a
minority report from the committee on privileges and elections', if the
previous question is ordered, there shall ho 20 minutes allowed to the
member of said committee whose name is first signed to said minority
report, or to such member or members as he may indicate, for the
time so al'owed. or an? part of it. before the 20 minutes allowed to
the chairman submitting the majority report.
56. The previous question may be called and ordered upon a single
mot on or an amendment, or it may be made to embrace all authorized
motions or amendments and include the entire bill to its passage or
rejection.
57. A call of the senate shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by the
president that a quorum is not present.
58. All incidental questions of order a r i s i n g after a motion is made
for the previous question, and pending such motion, shall be d-eidod
whether on appeal or otherwise, without debate.
(Legislative Manual'
1D00-1901, pp. 3 0 -3 2 .)
H ou se.
04. The motion for the previous question shall be decided without
debate, and shall take precedence of all other motions except motirns
“ to adjourn ” or “ to lay on the table,” and when it is moved the
question shall he. '* Shall the motion for the previous question be sus
ta in e d ?” If this he decided by a majority vote in the affirmative, the
motion “ to adiourn ” or " t o lay on the ta b le ” can still be made, but
they must he made before the next question, to wit. “ Shall the main
question be now put.” is decided in the affirmative, and after said last
question is affirmatively decided, .by a majority vote, said motion will
be out of order, and t he House can not adjourn until the previous ques
tion is exhausted or the regular hour of adjournment arrives.
05. When the previous question has been ordered the House shall
proceed to act on the main question without debate, except that before
the main question is put 20 minutes shall be allowed to the committee
whose report of the bill or other measure is under consideration to
close the debate. Where the report of the committee is adverse to the
passage of the hill or other measure the introducer of the bill shall
be allowed 20 minutes before the time allowed to the committee for
closing the debate. The chairman of the committee or the introducer
of the bill nr other measure may yield the door to such Members as he
may indicate for the time, or any part of it allowed under this rule.
This rule shall not be construed to allow the 20 minutes above referred
to to he used but once on any bill or measure, and then on the final
passage rf the bill or measure.
06. A fter the main question is ordered, any Member may call for
n division of the House in taking the vote, or may call for the yeas
and n a ys: if the call for the yeas and nays is sustained by one-fifth
of the Members voting, the vote shall be taken by the yeas and nays
and so entered on the Journal.
07. The effect of the order that the “ main question be now p u t." is
to bring the House to a vote on pending questions in the order in which
they stood before it was moved.
08. After the main queslion ltas been ordered, no motion to reconsider
shall be in order until after the vote on the main question is taken
and announced.
6!). In all cases where a minority report has been submitted on any
question, if the previoas question is ordered, there shall be 20 minutes
81722—14548
i 1
33
allowed to the Member whose name is first signed to said minority
report, or to such Member or Members as he may indicate, for the time
so allowed, or any part of it, before the 20 minutes allowed to the
chairman submitting the majority report.
70. The previous question may be called and ordered upon a single
motion or an amendment, or it may be made to embrace all authorized
motions or amendments and include the entire bill to its passage or
rejection,
71. A call of the House shall not be in order after the previous
question is ordered, unless it shall appear upon an actual count by
the Speaker that a quorum is not present.
72. All incidental questions of order arising after a motion is made
for the previous question, and pending such motion, shall be decided,
whether on appeal or otherwise, without debate.
(Legislative Manual
1 9 0 0 -19 0 1 , pp. 106 108.)
IDAHO.
Senate.
IV, 2. When a question is under debate the president shall receive
no motion but—
To adjourn.
To take a recess.
To proceed to the consideration of the special order.
To lay on the table.
The previous question.
To close debate at a special time.
T o postpone to a certain day.
To commit.
To amend or postpone indefinitely.
And they shall take precedence in the order named.
(Rules, 1915,
pp. 2 1 -2 2 .)
House.
14. Lpon the previous question being ordered by a majority of the
members present, if a quorum, the effect shall be to cut off debate and
bring the house to a direct vote upon the pending question. It shall
be in order, pending the motion for or after the previous question shall
have been ordered, for the speaker to entertain and submit a motion
to commit, with or without instructions, to a standing or select com
mittee. which motion shall be decided without debate.
15. When the previous question is decided in the negative, it shall
leave the main question under debate for the residue of the sitting,
unless sooner disposed of.
10.
All incidental questions of order arising after a motion is made
for the previous question, during the pending of such motion or after
the house shall have determined that the main question shall be put,
shall be decided, whether an appeal or otherwise, without debate.
(Rules, 1915, pp. 3 -4 .)
IL L IN O IS .
Senate.
02. The previous question shall be stated in this form : “ Shall the
main question be now p u t ? ” and, until it is decided, shall preclude all
amendments or debate. When it is decided that the main question
shall now be put, the main question shall be considered as still remain
ing under debate.
03. The effect of the main question being ordered shall be to put an
end to all debate and bring the senate to a direct vote, first upon all
amendments reported or pending, in the inverse order in which they are
offered. After the motion for the previous question has prevailed, it
shall not be in order to move for a call of the senate unless it shall
appear by the yeas and nays as taken on the main question that no
quorum is present, or to move to adjourn, prior to a decision on the
main question.
(Senate journal, 1911, p. 13.)
H ou se.
CO. The previous question shall be put in this form : “ Shall the
main question be now p u t ? ” and until it is decided shall preclude all
amendments or debate. When it is decided that the main question
shall not now be put, the main question shall be considered as still
remaining under debate.
The effect of the main question being ordered shall be to put an
end to all debate and bring the house to a direct vote, first, upon all
amendments reported or pending in the inverse order in which they
arc offered. After the motion for the previous question has prevailed it
shall not be in order to move for a call of the house unless it shall
81722—14548----- 3
appear by yeas and nays, as taken on the main question, that no
quorum is present, or to move to adjourn prior to a decision of the
main question: Provided. If a motion to postpone is pending the only
effect of the previous question shall be to bring the House to a voto
upon such motion. (House Journal, 1913, p. 318.)
IN D IA N A .
Senate
18.
The previous question shall be put in this form : “ Shall the main
question be now p u t ? ” Until it is decided it shall preclude all debate
and the introduction of all further amendments. The previous question
having been ordered, the main question shall be the first question in
order, and its effect shall be to put an end to all debate and bring
the senate to a direct vote on the subsidiary questions then pending in
their order, and then on the main question.
When operating under
the previous question there shall be no debate or explanation of votes.
(Legislative Manual for 1913, p. 07.)
House.
GO. The previous question shall be put in this fo r m : “ Shall the
main question be now p u t ? ”
It shall only be admitted when de
manded by a majority of the members present, and its effect shall be
to put an' end to all debate and bring the house to a direct vote upon
a motion to commit if such motion shall have been made, and if this
motion does not prevail, then upon amendments reported by a com
mittee, if any, then upon pending amendments, and then upon the
main question. But its only effect, if a motion to postpone is pending,
shall be to bring the house to a vote upon such motion.
On the
previous question there shall be no debate. All incidental questions of
order arising after a motion is made for the previous question, and,
pending such motion, shall be decided, whether on appeal or otherwise,
without debate.
And after a demand for the previous question has
been seconded by the house no motion shall be entertained to excuse
a member from voting.
The ordering of the previous question shall
not prevent a member from explaining his vote, but no member under
this rule shall be permitted more than one minute for that purpose.
(Legislative Manual for 1913, p. 82.)
IO W A.
Senate.
11. A motion to adjourn, to lay on the table, and for the previous
question shall be decided without debate, and all incidental questions
of order arising after a motion is made for the previous question, and
pending such motion, shall be decided— whether an appeal or other
wise— without debate.
12. The previous question shall be in this form : “ Shall the main
question be now p u t ? ” It shall only be admitted when demanded by a
majority of the members present, and its effect shall be to put an end
to all debate and bring the senate to a direct vote upon pending amend
ments and then upon the main question, unless otherwise indicated by
the motion and ordered
aerc by the senate, except that the member in charge
of the measure under consideration shall have 10 minutes in which to
close the discussion immediately before the vote is taken upon the main
question.
If the previous question is decided in the negative, the
senate shall proceed with the matter before it the same as though the
previous question had not been moved.
(Official Register. 1 9 1 1 -1 2 ,
p. 179.)
House.
2G. The previous question shall always be put in this form : “ Shall
the main question be now p u t ? "
It shall only be admitted when de
manded by a majority of the members present, and its effect shall bo
to put an end to all debate and to bring the house to a direct vote upon
amendments and then upon the main question, unless otherwise indi
cated by the motion and ordered by the house, except that the member
In charge of the measure under consideration shall have 10 minutes in
which to close the discussion before the vote is taken. On a motion for
the previous question, and prior to seconding the same, a call of the
house shall be in order; but after such motion shall have been adopted
no call shall he in order prior to the decision of the main question. If
the previous question is decided in the negative, the house shall proceed
with the matter before it the same as though the previous question had
not been moved.
27. Motions to lay on the table, to adjourn, and for the previous
question shall he decided without debate.
(Official Register, 1 9 1 1 -1 2 ,
p . 185.)
81722— 14548
■
KAN SA S.
Senate.
15. Any five senators shall t>ave the right to demand tlie previous
question. The previous question shall be as follo w s: “ Shall the
main question be now p u t ? ” and until it is decided shall preclude all
amendments or debate.
When on taking the previous question tho
senate shall decide that the main question shall not be put. the main
question shall be considered as still remaining under debate. The main
question shall be on the passage of the b 11, resolution, or other matter
under consideration; but when amendments are pending the'question
shall first be taken upon such amendments in their order: and when
amendments have been adopted in committee of the whole and not
acted on in the senate, the questicn shall be taken upon such amend
ments in like order, and without further debate or amendment.
Hut
the previous question can be moved on a pending amendment, and, if
adopted, debate is closed on the amendment only : and after the amend
ment is voted on the main question shall again be open to debate and
amendments. In this case the question shall be. “ Shall the vote now
be taken on the pending am endm ent?”
(Senate rules, 1913, 1st cd.,
p. 5.)
H ou se.
51. The “ previous question ” shall he as fo llo w s: “ Shall tho main
question he now p u t ? ” and until it is decided shall preclude all amend
ment or debate.
When, on taking the previous question, the house
shall decide that the main question shall not now be put, the main
question shall be considered as still remaining under debate. The main
question shall be on the passage of the bill, resolution, or other matter
under consideration ; hut when amendments are ponding, the question
shall first be taken upon such amendments in their order ; and when
amendments have been adopted hv the committee of the whole and not
acted on in the house, the question shall be taken upon such amend
ments in like order, and without further debate or amendment. (House
Rules, 1913, p. 1G.)
K E N TU C KY.
Senate.
55. When the “ previous question ” has been moved, seconded, and
adopted a vote shall he immediately taken upon the pending measure
and such pending amendments as are in order.
The elfoct of the "p reviou s question” shall therefore he to put an
end to all debate; to prevent the offering of additional amendments, and
to bring the senate to an immediate vote upon the measure as afore
said.
The previous question may he ordered by a majority of the senators
voting on that question. On the call of the roll no senator shall be
allowed to speak more than three minutes to explain his vote and shall
not speak at ah if the question is not a debatable question. After the
previous question has been ordered a senator, whose bill or amendment
o r motion— if debatable— is pending, may speak not exceeding 10 min
utes thereon, and one senator of the opposition may speak not exceeding
10 minutes.
(Directory, 191-1, p. 214.)
H o u se.
24. Tho previous quest Ion being moved and seconded, the question from
the Chair shall be, - Shall the main question he now p u t ? ” And if
the nays prevail, tho main question shall not then he put. The effect
of the previous question shall be to put an end to all debate except on
tho final passage of the measure under consideration : then the op
ponents of the measure shall have 10 minutes to debate the proposi
tion and the proposer of the measure shall be limited to 10 minutes to
close the debate, unless his time be extended by consent of the house,
and bring the house to a direct vote on amendments proposed by a
committee, if a n y ; then on pending amendments and all amendments
which have been read for information of the house by the clerk shall ho
regarded as pending amendments; and then upon the main question
(Directory, 1914, p. 253 )
L O U ISIA N A .
Information not available.
M A IN E .
Senate.
No rule.
House.
31. W'hen motion for the previous question is made the consent of
one-third of tho members present shall he necessary to .authorize the
speaker to entertain it.
No debate shall he allowed until tho matter
81722— 14543
of consent Is determined. The previous question shall be submitted in
the following w ords: “ Shall the main question be put n o w ?"
No
member shall speak more than live minutes on the motion for the pre
vious question, and while that question is pending a motion to lay on
the table shall not he decided without debate. A call for the yeas and
nays or for division of a question shall lie in order after the main
Question has been ordered to lie put.
After the adoption of the pre
vious question the vote shall he taken forthwith upon amendments, and
then upon the main question.
(Maine Register, 1 9 1 4 -1 5 , pp. 1 8 6 -1 8 7 .)
MAUYLAND.
Senate.
No rule.
House.
19.
There shall he a motion for the previous question, which, being
ordered hy a majority of the members present, shall preclude all fur
ther debate and bring the house to a direct vote upon the immediate
question or questions on which it has been asked and ordered. It may
be asked and ordered upon any debatable motion or a series of motions
to and embracing the main question, if desired.
(Maryland Manual,
1912, p. 287.)
M A SSACH U SETTS.
Senate.
47. Debate may be closed at any time not less than one hour from
the adoption of a motion to that effect. On this motion not more than
10 minutes shall lie allowed for debate, and no member shall speak
more than 3 minutes.
(Manual for the General Court, 1913, p. 533.)
House.
81. The previous question shall be put in the following form : “ Shall
the main question be now p u t7“ and all debate upon the main question
shall be suspended until the previous question is decided.
82. On the previous question debate shall be allowed only to give
reasons why the main question should not be put.
83. All questions of order arising after a motion is made for the
previous question shall be decided without debate, excepting on appeal;
and on such appeal nc member shall speak more than once, without
leave of the bouse.
84. The adoption of the previous question shall put an end to all
debate, except as provided in rule 8G, and bring the house to a direct
vote upon pending amendments, if any, in their regular order, and then
upon the main question.
85. Debate may be closed at any time not less than 30 minutes from
the adoption of a motion to that effect. In case the time is extended
by unanimous consent, the same rule shall apply at the end of the
extended time as at the time originally fixed.
86. When debate is closed by ordering the previous question or by
a vote to close debate at a specified time, the member in charge of the
measure under consideration shall be allowed to speak 10 minutes and
may grant to any other member any portion of his time.
When the
measure under consideration has been referred to the committee on
ways and means, under house rule 44, the member originally reporting
it shall be considered, in charge, except where the report of the com
mittee on ways and means is substantially different from that referred
to them, in which case the member originally reporting the measure
and the member of the committee on ways and means reporting thereon
shall each be allowed to speak five minutes, the latter to have the
Close. When the member cnlitled to speak under this rule is absent,
the member standing first in order upon the committee reporting the
measure who is present and joined in the report shall have the right
to occupy such time.
(Manual for the General Court, 1„13, pp. 5 6 6 568.)
M ICH IG AN '.
Senate.
41. The mode of ordering the previous question shall be as fo llo w s:
Any senator mav move the previous question. This being seconded by at
least one other Senator, the chair shall submit the question in this form,
“ Shall the main question now be p u t ? ”
T M s shall be ordered only by
a maioritv of the senators present and voting. The effect of ordering
the previous question shall be to Instantly close debate and bring the
senate to an Immediate vote on the pending question or questions in
their regular order.
The motion for the previous question may be
limited by the mover to one or more of the questions preceding the
main question itself, in which case the form shall be, " Shall the ques
tion, as lim ifed.be now p a t ? ” The yeas and nays may be demanded on
81722— 14548
37
a n y v o t e u n d e r t h i s r u le , a n d a m o t io n f o r a c a ll o f t h e s e n a t e s h a ll
b e in o r d e r a t a n y t im e p r io r to t h e o r d e r in g o f th e p r e v io u s q u e s t io n .
A n y q u e s t io n o f o r d e r o r a p p e a l f r o m th e d e c is io n or th e c h a ir , p o n d
in g th e p r e v io u s q u e s t io n , s h a ll he d e c id e d w i t h o u t d e b a t e .
W h e n th e
q u e s lio n is o n m o t io n to r e c o n s id e r , u n d e r t h e o p e r a t io n o f th e p r e
v io u s q u e s t io n a n d it is d e c id e d in t h e a f f ir m a t iv e , t h e p r e v io u s q u e s
t io n s h a ll h a v e n o o p e r a t io n u p o n th e q u e s t io n t o be r e c o n s id e r e d .
If
th e s e n a t e r e f u s e s to o r d e r t h e p r e v io u s q u e s t io n , t h e c o n s id e r a t io n
o f th e s u b je c t s h a ll he r e s u m e d , a s if no m o t io n t h e r e fo r h a d b ee n m a d e .
( M ic h ig a n M a n u a l, 1 9 1 3 , p. 5 8 0 . )
House.
5 1 . T h e m e t h o d o f o r d e r in g t h e p r e v io u s q u e s t io n s h a ll b e a s f o l l o w s :
A n y m e m b e r m a y m o v e th e p r e v io u s q u e s t io n .
T h i s b e in g s e c o n d e d by
a t le a s t 1 0 m e m b e r s , t h e c h a ir s h a ll p u t t h e q u e s t io n , “ S h a ll t h e m a in
q u e s t io n n o w be n u t ? ”
T h i s s h a ll b e o r d e r e d o n ly b y a m a jo r i t y o f
t h e m e m b e r s p r e s e n t a n d v o t in g .
A f t e r t h e s e c o n d in g o f t h e p r e v io u s
q u e s t io n , a n d p r io r t o o r d e r in g t h e s a m e , a c a ll o f t h e h o u s e m a y be
m o v e d a n d o r d e r e d , b u t a f t e r o r d e r in g t h e p r e v io u s q u e s t io n n o th in g
s h a ll he In o r d e r p r io r to t h e d e c is io n o f t h e p e n d in g q u e s t io n s , e x c e p t
d e m a n d s f o r y e a s a n d n a y s , p o in t s o f o r d e r , a n d a p p e i l s fr o m th e d e
c is io n o f th e c h a ir , w h ic h s h a ll b e d e c id e d w it h o u t d e b a te .
T h e e ffe c t
o f th e p r e v io u s q u e s t io n s h a ll be t o p u t a n en d to a ll d e b a t e a n d b r in g
th e h o u s e t o a d ir e c t v o t e u p o n a ll p e n d in g o u e s t io n s in t h e ir o r d e r
d o w n to a n d i n c lu d in g t h e m a in q u e s t io n .
W h e n a m o t io n to r e c o n
s id e r is ta k e n u n d e r t h e p r e v io u s q u e s t io n , a n d is d e c id e d in th e a ffir m a
t iv e , t h e p r e v io u s q u e s t io n s h a ll h a v e n o o p e r a t io n u p o n th e q u e s t io n t o
b e r e c o n s id e r e d .
I f t h e h o u se s h a ll r e fu s e t o o r d e r t h e m a in q u e s t io n ,
t h e c o n s id e r a t io n o f t h e s u b je c t s h a ll b e r e s u m e d , a s th o u g h n o m o t io n
f o r t h e p r e v io u s q u e s t io n h a d b ee n m a d e .
( M ic h i g a n M a n u a l, 1 9 1 3 , p.
5 9 4 -5 9 5 .)
MINNESOTA.
Senate.
2 5 . T h e p r e v io u s q u e s t io n s h a ll b e in t h i s f o r m : “ S h a ll t h e m a in
q u e s tio n be n o w p u t ? ”
I t s h a ll o n ly be a d m it t e d w h e n d e m a n d e d b y
a m a j o r i t y o f th e m e m b e r s p r e s e n t , a n d it s e ffe c t s h a ll b e to p u t a n en d
t o a il d e b a t e , a n d b r in g th e S e n a t e ( o a d ir e c t v o t e u p o n a m e n d m e n t s
r e p o r te d b y a c o m m it t e e , i f a n y , th e n u p o n a ll p e n d in g a m e n d m e n t s in
t h e ir o r d e r , a n d th e n u p o n th e m a in q u e s t io n .
O n a m o tio n f o r th e
p r e v io u s q u e s t io n , a n d p r io r t o t h e o r d e r in g o f t h e s a m e , a c a ll o f
th e s e n a t e s h a ll be in o r d e r , b u t a f t e r a m a jo r i t y s h a ll h a v e o r d e r e d su c h
m o t io n , n o c a ll s h a ll h e in o r d e r p r io r to t h e d e c is io n o f t h e m a in
q u e s t io n .
20.
O n a p r e v io u s q u e s t io n th e r e s h a ll b e n o d e b a t e .
A l l in c id e n t a l
q u e s t io n s o f o r d e r a r i s i n g a f t e r a m o tio n is m a d e f o r th e p r e v io u s q u e s
t io n , a n d p e n d in g su c h m o t io n , s h a ll he d e c id e d , w h e t h e r on a n n e a l o r
o t h e r w is e , w i t h o u t d e b a te .
( L e g i s l a t i v e M a n u a l, M i n n e s o t a , 1 9 1 3 , p.
1 5 G .)
House.
3 9 . ( a ) T h e p r e v io u s q u e s t io n s h a ll b e in t h is f o r m : “ T h e g e n t le m a n
D o 1 0 m e m b e r s se c o n d th e
f r o m -------------- m o v e s th e p r e v io u s q u e s t io n .
m o tio n ?”
I f th e m o tio n b e p r o p e r ly se c o n d e d , th e q u e s t io n s h a ll ho
s t a t e d , a s f o l l o w s : “ A s m a n y a s a r e in f a v o r o f o r d e r in g t h e p r e v io u s
q u e s t io n w ill s a y ‘ A y e ’ : a s m a n v a s a r e o p p o s e d w il s a y ‘ N o .’ ’
T h e r e s h a ll he a m o t io n f o r t h e p r e v io u s q u e s t io n w h ic h , b e in g o r
d e re d b y a m a j o r i t y o f a ll m e m b e r s p r e s e n t , s h a ll h a v e th e e ffe c t to c u t
o ff a ll d e b a t e a n d b r in g th e b o u s e to a d ir e c t v o t e u p o n th e im m e d ia t e
q u e s t io n o r q u e s t io n s u p o n w h ic h it h a s b ee n a s k e d o r o r d e r e d .
T h e p r e v io u s q u e s t io n m a y he a s k e d a n d o r d e r e d u p o n a s in g le m o
t io n , a s e r ie s o f m o t io n s a l l o w a b ’ e u n d e r th e r u le s , o r a n a m e n d m e n t o r
a m e n d m e n t s ; o r it m a y ho m a d e to e m b r a c e a ll a u th o r iz e d m o t io n s o r
a m e n d m e n t s a n d in c lu d e th e b ill to it s p a s s a g e o r r e je c t io n .
( b ) A c a ll o f t h e b o u s e s h a ll nr,t be in o r d e r a f t e r th e p r e v io u s q u e s
t io n is o r d e r e d u n le s s it s h a ll a p p e a r t h a t a q u o r u m i s n o t p r e s e n t .
( c ) W h e n ( h e p r e v io u s q u e s tio n is d e c id e d in th e n e g a t iv e , it shaTl
le a v e th e m a in q u e s t io n u n d e r d e b a t e f o r th e r e s id u e o f th e s i t t i n g
u n le s s s o o n e r d is p o s e d o f b y t a k in g a v o t e o n th e q u e s t io n o r In s o m e
o th e r m a n n er.
( L e g i s l a t i v e M a n u a l, M i n n e s o t a , 1 9 1 3 ,- p . 1 6 9 . )
MISSISSIPPI.
In fo r m a tio n
n o t a v a ila b le .
MISSOUEI.
Senate.
4 7 . T h e p r e v io u s q u e s t io n s h a ll be in t h i s f o r m : “ S h a ll t h e m a in
q u e s t io n b e n o w p u t ? ”
I t s h a ll o n ly be a d m it t e d o n d e m a n d o f two
s e n a t o r s a n d s u s t a i n e d b y a v o t e o f a m a j o r i t y o f th e s e n a t o r s p r e s e n t ,
81722— 14548
a n d it s e ffe c t s h a ll p u t nn c u d t o a ll d e b a t e a n d b r in g t h e s e n a t e t o a
d ir e c t v o t e u p o n a m o t io n to c o m m it i f s u c h m o t io n s h a ll h a v e b ee n
m a d e : a n d i f t h is m o tio n d e e s n o t p r e v a il, th e n u p o n a m e n d m e n t s r e
p o r te d b y a e o m m it t e e , i f a n y , th e n u p o n p e n d in g a m e n d m e n t s , a n d th e n
u p o n th e m a in q u e s t io n .
O n d e m a n d o f th e p r e v io u s q u e s t io n , a c a ll o f
th e s e n a t e s h a ll be in o r d e r , b u t a f t e r a m a j o r i t y h a v e s u s t a in e d su c h a
m o t io n n o c a ll s h a ll be in o r d e r p r io r t o t h e d e c is io n o n th e m a in
q u e s t io n .
4 8 . O n m o t io n f o r t h e p r e v io u s q u e s t io n n o d e b a t e s h a ll b e a llo w e d ,
a n d a ll in c id e n t a l q u e s t io n s o f o r d e r a r i s i n g a f t e r t h e m o t io n is m a d e f o r
t h e p r e v io u s q u e s t io n , a n d . p e n d in g su c h m o t io n , s h a ll b e d e c id e d , on
a p p e a l o r o t h e r w is e , w i t h o u t d e b a t e ,
i f , o n a v o t e f o r t h e p r e v io u s q u e s
t io n , a m a j o r i t y o f th e s e n a t o r s v o t e in th e n e g a t iv e , t h e n t h e f u r t h e r
c o n s id e r a t io n o f t h e s u b je c t m a t t e r s h a ll he in o r d e r .
( S e n a t e J o u r n a l,
1 0 1 1 , p. 3 7 .)
H o u se.
5 7 . T h e p r e v io u s q u e s t io n s h a ll lie in t h is f o r m : “ S h a ll t h e q u e s t io n
n o w u n d e r im m e d ia t e c o n s id e r a t io n he n o w p u t ? ”
I t m a y he m o v e d
a n d se c o n d e d lik e a n y o t h e r q u e s t io n , b u t i t s h a ll o n ly p r e v a il w h e n
su p n o r t e d b y a m a j o r i t y o f t h e m e m b e r s p r e s e n t , a n d . u n t il d e c id e d ,
s h a ll p r e c lu d e a m e n d m e n t a n d d e b a t e : a n d a f a i lu r e to s u s t a in th e s a m e
s h a ll n o t p u t t h e m a t t e r u n d e r c o n s id e r a t io n f r o m b e fo r e t h e h o u s e , h u t
th e h o u s e s h a ll p ro c e e d a s i f s a id m o t io n h a d n o t b e e n m a d e .
(H o u s e
J o u r n a l, 1 0 1 1 , p . 2 1 . )
M O N TANA,
S en a te.
30. The
p r e v io n s
q u e s t io n s ’ 'n l l he in t h i s f o r m : “ S h a l l t h e m a in
s h a ll o n ly h e a d m i t t e d w h e n d e m a n d e d b y
p r e s e n t , u p o n d iv is io n , a n d i t s e ffe c t s h a ll
he t o p u t a n e n d to a ll d e b a t e a n d liv in g t h e s e n a t e t o a d ir e c t v o t e
u p o n a m e n d m e n t s r e p o r te d hv a c o m m it t e e , i f a n y , u p o n p e n d in g a m e n d
m e n t s , a n d th e n u p o n t h e m a in q u e s t io n .
O n a m o t io n f o r th e p r e v io u s
q u e s t io n , a r d p r io r to t ’ c s e c o n d in g o f t h e s a m e , a c a ll o f t h e s e n a t e
q iial] he in o r d e r , b u t a f t e r a m a j o r i t y o f t h e s e n a t o r s l a v e se c o n d e d
su c h m o tio n n o c a ll s h a ll he in o r d e r p r io r t o t h e d e c is io n o f t h e m a in
q u e s t io n .
I f t h e p r e v io u s q u e s t io n is n e g a t iv e d , th e s e n a t e s h a ll p r o
ceed in t h e s a m e m a n n e r a s i f t ’ e m o t io n h a d n o t been m a d e .
3 1 . O n a m o t io n f o r t h e p r e v io u s q u e s t io n a n d u n d e r t h e p r e v io u s
q u e s t io n t h e r e s h a ll he n o d e b a t e : a n d a il in c id e n t a l q u e s t io n s o f o r d e r
a r i s i n g a f t e r a m o t io n is m a d e f o r H e p r e v io u s q u e s t io n ( o r w h i le a c t
in g u n d e r ti e p r e v io u s q u e s t io n ) s h a ll lie d e c id e d , w h e t h e r o n a p p e a l o r
o t h e r w is e , w i t h o u t d e b a t e .
( L e g i s l a t i v e M a n u a l, 1 8 9 5 , p p . 2 3 - 2 - 1 .)
question i)C n o w p u t .”
It
n m ajority o f t h e s e n a t o r s
House.
X X T I T . 1 . T h e r e s h a ll ho a m o t io n f o r t h e p r e v io u s q u e s t io n , w h ic h ,
b e in g o r d e r e d b y a m a j o r i t y , i f a q u o r u m he p r e s e n t , s h a ll h a v e t h e
e ffe c t to c u t o ff a ll d e b a t e a n d liv in g t h e h o u s e to a d ir e c t v o t e u p o n
t h e i m m e d ia t e q u e s t io n o r q u e s t io n s on w h ic h i t h a s b ee n a s k e d o r
o r d e r e d : P ro vid ed . T h a t w h e n t h e p r e v io u s q u e s t io n is o r d e r e d on a n y
p r o p o s it io n o n w h ic h th e r e h a s been r o d e b a t e it s h a ll he in o r d e r t o
d e b a t e t h e p r o p o s it io n t o he v o te d o n f o r 3 0 m i n u t e s , on e-1 n lf o f s u c h
t im e to ho g iv e n t o d e b a t e in f a v o r o f a n d o n e -h a l f in d e b a t e in o p p o
s it io n t o s u c h p r o p o s it io n
T h e p r e v io u s q u e s t io n m a y he a s k e d a n d
o r d e r e d u p o n a s i n g le m o t io n , a s e r ie s o f m o t io n s a l lo w a b le u n d e r t h e
r u le s , o r nn a m e n d m e n t o r a m e n d m e n t s , a n d in c lu d e t h e b ill t o it s p a s
s a g e o r r e je c t io n .
I t s h a ll he in o r d e r , p e n d in g t h e m o t io n f o r o r a f t e r
f i e p r e v io u s q u e s t io n s h a ll h a v e b ee n o r d e r e d on i t s p a s s a g e , f o r th e
s p e a k e r to e n t e r t a in a n d s u b m it m o t io n t o c o m m it , w i t h o r w i t h o u t
in s t r u c t i o n s , t o a s t a n d in g o r s e le c t c o m m i t t e e : a n d a m o t io n to la y
u n o n t h e t a b le s h a ll b e in o r d e r on t h e s e c o n d a n d t h ir d r e a d in g o f a
b ill.
2 . A c a ll o f t h e h o u s e s h a ll n o t be in o r d e r a f t e r t h e p r e v io u s q u e s
t io n is o r d e r e d u n le s s it s h a ll a p p e a r u p o n a n a c t u a l c o u n t b y t h e
s p e a k e r t h a t a q u o r u m Is n o t p r e s e n t .
3 . A l l In c id e n t a l q u e s t io n s o f o r d e r a r i s i n g f r o m , a f t e r a m o t io n is
m a d e f o r t ' e p r e v io u s q u e s t io n , a n d p e n d in g s u c h m o t io n s ’ a ll be d e
c id e d . w h e t h e r o n a p p e a l o r o t h e r w is e , w i t h o u t d e b a t e .
(L e g is la tiv e
M a n u a l, 1 8 9 5 , p p . 3 4 - 3 5 . )
N FrnnASKA.
Senate.
1G . W h e n a q u e s t io n Is u n d e r d e b a t e n o m o t io n c a n b e re c e iv e d b u t
(o a d je u r n , f o r t h e p r e v io u s q u e s t io n , to la y o n t h e t a b le , t o p o ^ tn o n e
in d e fin it e ly , t o p o s t p o n e t o a c e r t a in d a y . to c o m m it , o r a m e n d , w h ic h
s e v e r a l m o t io n s s h a ll h a v e p r e c e d e n c e in t h e o r d e r th e y s t a n d a r r a n g e d .
(L e g is la t iv e M a n u a l, 1 0 1 1 - 1 2 . p . 1 1 2 .)
81722— 14548
39
H o m e .
2G. T h e p r e v io u s q u e s t io n s h a ll b e in t h is fo r m : “ S h a ll t h e d e b a te
now c lo s e ? ”
I t s h a ll b e a d m it t e d w h e n d e m a n d e d b y five o r m o r e
m e m b e r s a n d m u s t be s u s t a in e d by a m a j o r i t y v o t e , a n d u n t il d e c id e d
s h a ll p r e c lu d e f u r t h e r d e b a t e a n d a ll a m e n d m e n t s a n d m o t io n s e x c e p t
o n e m o t io n t o a d jo u r n a n d o n e m o tio n t o l a y on t h e t a b le .
2 7 . O n a p r e v io u s q u e s t io n th e r e s h a ll b e n o d e b a te .
A l l i n c id e n t a l
q u e s t io n s o f o r d e r a r i s i n g a f t e r a m o t io n is m a d e f o r th e p r e v io u s
q u e s tio n a n d p e n d in g su c h m o t io n s h a ll be d e c id e d , w h e t h e r on a p p e a l
o r o t h e r w is e , w i t h o u t d e b a t e .
( L e g i s l a t i v e M a n u a l, 1 9 1 1 - 1 2 , p. 1 5 3 . )
N EVA D A .
Senate.
1 8 . T h e p r e v io u s q u e s t io n s h a ll n o t be p u t u n le s s d e m a n d e d b y th r e e
S e n a t o r s , a n d it s h a ll be in t h i s f o r m : “ S h a ll t h e m a in q u e s tio n be
now p u t ? ”
W h e n s u s t a in e d b y a m a j o r i t y o f s e n a t o r s p r e s e n t it s h a ll
p u t a n en d to a ll d e b a t e a n d b r in g th e s e n a t e to a v o t e on t h e q u e s tio n
o r q u e s t io n s b e fo r e it . a n d a ll i n c id e n t a l q u e s t io n s a r is in g a f t e r th e
m o tio n w a s m a d e s h a ll be d e c id e d w i t h o u t d e b a te .
( A p p e n d ix to J o u r
n a ls , 1 9 1 1 , v . 1 , p . 1 2 5 . )
Assembly.
3 3 . T h e p r e v io u s q u e s tio n s h a ll he in t h i s fo r m : “ S h a ll th e m a in
q u e s t io n b e n o w p u t ? ” a n d i t s e f f e c t , w h e n s u s t a in e d b y a m a j o r i t y o f
th e m e m b e r s e le c te d , s h a ll be t o p u t a n e n d to a ll d e b a te a n d b r in g
t h e h o u se to a v o t e on th e q u e s t io n o r q u e s t io n s b e fo r e it.
3 4 . A l l in c id e n t a l q u e s t io n s a r i s i n g a f t e r a m o t io n i s m a d e f o r th e
p r e v io u s q u e s t io n a n d p e n d in g su c h m o tio n o r p r e v io u s q u e s tio n s h a ll
he d e c id e d , w h e t h e r on a p p e a l o r o t h e r w is e , w i t h o u t d e b a te .
3 5 . T h e p r e v io u s q u e s t io n s h a ll o n ly be p u t w h e n d e m a n d e d by th r e e
m em bers.
( A p p e n d i x t o J o u r n a ls , 1 9 1 1 . v . 1 , p . 1 4 1 . )
NEW HAMPSHIRE.
Senate.
No
r u le .
House.
2 3 . T h e s p e a k e r s h a ll p u t t h e p r e v io u s q u e s t io n in t h e f o llo w in g
f o r m : “ S h a ll t h e m a in q u e s t io n n o w be p u t ? ” a n d a ll d e b a te u p on th e
m a in q u e s t io n s h a ll he s u s p e n d e d u n t il th e p r e v io u s q u e s t io n h a s been
d e c id e d .
A f t e r th e a d o p t io n o f t h e p r e v io u s q u e s t io n , t h e s e n s e o f
t h e h o u s e s h a ll f o r t h w i t h be ta k e n u p o n p e n d in g a m e n d m e n t s , in t h e ir
r e g u la r o r d e r , a n d t h e n u p o n th e m a in q u e s t io n .
T h e m o t io n f o r t h e
p r e v io u s q u e s tio n s h a ll not: be p u t u n le s s d e m a n d e d b y th r e e m e m b e r s .
2 4 . A l l in c id e n t a l q u e s t io n s o f o r d e r a r i s i n g a f t e r a m o t io n f o r th e
p r e v io u s q u e s t io n a n d r e la t e d t o t h e s u b je c t s a ffe c t e d b y t h e o r d e r o f
t h e p r e v io u s q u e s t io n s h a ll be d e c id e d w i t h o u t d e b a te .
2 5 . I f t h e p r e v io u s q u e s t io n is d e c id e d in t h e n e g a t iv e , it s h a ll n o t
be a g a in in o r d e r u n til a f t e r a d jo u r n m e n t , b u t th e m a in q u e s tio n s h a ll
he l e f t b e fo r e t h e h o u s e a n d d is p o s e d o f a s t h o u g h th e p r e v io u s q u e s tio n
h a d n o t been p u t .
(M a n u a l fo r th e G e n e ra l C o u rt, 1 9 1 3 , pp. 4 0 7 - 4 0 8 .)
NEW JERSEY.
Senate.
No
r u le .
House.
3 3 . T h e p r e v io u s q u e s t io n s h a ll be p u t in t h i s f o r m : “ S h a ll th e
m a in q u e s t io n be n o w p u t ? ”
I t s h a ll o n ly be a d m it t e d w h e n d e m a n d e d
b y a m a j o r i t y o f th e m e m b e r s p r e s e n t , a n d it s e ffe c t s h a ll b e, i f d e c id e d
a f f ir m a t iv e ly , to p u t a n en d to a ll d e b a t e , a n d b r in g th e h o u s e to a
d ir e c t v o t e u p o n a m e n d m e n t s r e p o r te d b y a c o m m it t e e , i f a n y , th e n
u p on p e n d in g a m e n d m e n t s , a n d th e n u p o n th e m a in q u e s t io n ; if d e c id e d
in t h e n e g a t iv e , t o le a v e t h e m a in q u e s t io n a n d a m e n d m e n t s , i f a n y ,
u n d e r d e b a te f o r t h e r e s id u e o f t h e s i t t i n g , t in le s s so o n e r d isp o se d o f
b y t a k i n g t h e q u e s t io n , o r in s o m e o t h e r m a n n e r .
A l l in c id e n t a l q u e s
t io n s o f o r d e r a r i s i n g a f t e r a m o t io n is m a d e f o r t h e p r e v io u s q u e s tio n ,
a n d p e n d in g su c h m o t i o n ,'s h a l l he d e c id e d , w h e t h e r on a p p e a l o r o t h e r
w is e , w i t h o u t d e b a te .
( L e g i s l a t i v e M a n u a l, 1 9 1 4 , p . 8 4 . )
NEW MEXICO.
I n f o r m a t i o n n o t a v a il a b l e , e x c e p t t h a t b e fo r e i n a u g u r a t io n o f s t a t e
h o o d p r e v io u s q u e s t io n in b o th h o u s e s w a s a llo w e d .
( C o u n c il R u le s,
1 9 0 7 , p . 8 ; H o u s e R u le s , 1 9 0 1 , pu 1 1 .)
NEW YORK.
Senate.
3 2 . W h e n a n y b i l l, r e s o lu t io n , o r m o t io n s h a ll h a v e b ee n u n d e r c o n
s id e r a t io n f o r s ix h o u r s it s h a ll be in o r d e r f o r a n y s e n a t o r to m o v e
8172 2— 1454S
to c lo s e d e b a te , a n d th e p r e s id e n t s h a ll r e c o g n iz e th e s e n a t o r w h o
w is h e s to m a k e su c h m o t io n .
S u c h m o t io n s h a ll n o t b e a m e n d a b le
o r d e b a t a b le a n d s h a ll be I m m e d ia t e ly p u t , a n d if i t s h a ll r e c e iv e th e
a ffir m a t iv e v o t e s o f a m a jo r i t y o f th e s e n a t o r s presenr. th e p e n d in g
m e a s u r e s h a ll ta k e p re c e d e n c e ove r a ll o t h e r b u s in e s s .
T h e v o t e s h a ll
t h e r e u p o n be ta k e n u p o n su c h b i ll, m o t io n , o r r e s o lu tio n , w ith su c h
a m e n d m e n t s a s m a y be p e n d in g a t th e t i m e o f s u c h m o tio n a c c o r d in g
t o th e r u le s o f th e s e n a t e , b u t w it h o u t f u r t h e r d e b a te , e x c e p t t h a t a n y
s e n a t o r w h o m a y d e s ir e so to d o s h a ll b e p e r m it t e d to sn e a k th e r e o n
n o t m o re t h a n o n c e a n d n o t e x c e e d in g o n e -h a l f h o u r .
A f t e r su c h m o
t io n to c lo s e d e b a te h a s b ee n m a d e by a n y s e n a t o r , n o o t h e r m o tio n
s h a ll be in o r d e r u n til su c h m o t io n h a s been v o te d u p o n b y th e s e n a t e .
A f t e r t h e s e n a t e s h a ll h a v e a d o p t e d th e m o tio n to c lo s e d e b a t e , a s h e r e
in b e fo r e p r o v id e d , n o m o t io n s h a ll b e in o r d e r b u t o n e m o tio n to a d
j o u r n a n d a m o t io n to c o m m it .
S h o u ld s a id m o tio n to a d io u r n b e c a r
r ie d , th e m e a s u r e u n d e r c o n s id e r a t io n s h a ll b e th e p e n d in g q u e s tio n
w h e n th e s e n a t e s h a ll a g a in c o n v e n e a n d s h a ll be ta k e n up a t tu e tim
o f su c h a d jo u r n m e n t .
T h e m o tio n to c lo s e d e b a t e m a y he o r d e r e d u p o n
a s in g le m o t io n , a s e r ie s o f m o t io n s a llo w a b le u n d e r th e r u le s , o r a n
a m e n d m e n t o r a m e n d m e n t s , o r m a y be m a d e to e m b r a c e a ll a u th o r iz e d
m o t io n s o r a m e n d m e n t s a n d in c lu d e th e b i ll, r e s o lu tio n , o r m o tio n to i t s
p a s s a g e o r r e je c t io n .
A ll in c id e n t a l q u e s t io n s o f o r d e r , o r m o t io n s
p e n d in g a t t h e t im e su c h m o t io n is m a d e to c lo se d e b a t e , w h e t h e r th e
s a m e be on a p p e a l o r o t h e r w is e , s h a ll b e d e c id e d w it h o u t d e b a t e .
(R e d
B o o k , 1 9 1 4 , pp 6 2 7 - 6 2 3 . )
House.
2 9 . T h e “ p r e v io u s q u e s t io n ” s h a ll b e p u t a s f o l l o w s : “ S h a ll th e
m a in q u e s t io n n o w be p u t ? ” a n d u n til it is d e c id e d , s h a ll p r e c lu d e a ll
a m e n d m e n t s o r d e b a te .
W h e n on t a k i n g th e p r e v io u s q u a * ; m u • :c
h o u s e s h a ll d e c id e , t h a t th e m a in q u e s t io n s h a ll n o t n o w be p n t , th e
m a in q u e s t io n s h a ll be c o n s 'd e r e d n s s t i ll r e m a in in g u n d e r d e b a te .
The
“ m a in q u e s t i o n ” s h a ll be th e a d v a n c e m e n t c r p a s s a g e o f th e b i ll, r e s o
l u t io n , o r o th e r m a t t e r u n d e r c o n s id e r a t io n ; b u t w h e n a m e n d m e n t s a re
p e n d in g , t h e q u e s tio n s h a ll fir st b e ta k e n u p o n s u c h a m e n d m e n t s in th e ir
ord er.
( R e d B o o k , 1 9 1 4 , p. 6 5 9 . )
NOBTH CAROLINA.
Scnalc.
2 4 . T h e p r e v io u s q u e s t io n s h a ll be a s f o l l o w s : “ S h a ll t h e m a in
q u e s t io n be p u t ? ” a n d , u n t il i t is d e c id e d , s h a ll p r e c lu d e a ll a m e n d
m e n t s a n d d e b a te .
I f t h is q u e s t io n s h a ll be d e c id e d in th e a ffir m a t iv e ,
t h e “ m a in q u e s t io n ” s h a ll be on th e p a s s a g e o f th e b ill, r e s o lu t io n , o r
o t h e r m a t t e r u n d e r c o n s i d e r a t i o n ; b u t w h e n a m e n d m e n t s a r e p e n d in g
t h e q u e s t io n s h a ll he ta k e n u p o n su c h a m e n d m e n t s , in t h e ir o r d e r ,
w it h o u t f u r t h e r d e b a t e o r a m e n d m e n t .
H o w ev er, an y sen a to r m ay
m o v e t h e p r e v io u s q u e s t io n a n d m a y r e s t r ic t th e s a m e t o a n a m e n d
m ent. o r o t h e r m a t t e r t h e n u n d e r d is c u s s io n .
I f s u c h q u e s t io n be
d e c id e d in th e n e g a t iv e , t h e m a in q u e s t io n s h a ll b e c o n s id e r e d a s re
m a in in g u n d e r d e b a t e .
2 5 . W h e n t h e m o t io n f o r th e p r e v io u s q u e s t io n is m a d e , a n d p e n d in g
th e s e c o n d t h e r e t o b y a m a j o r i t y , d e b a t e s h a ll c e a s e , a n d O nly a m o tio n
t o a d jo u r n o r la y o n th e t a b le s h a ll be in o r d e r , w h ic h m o t io n s s h a ll be
p u t a s f o l l o w s : P r e v io u s q u e s t io n ; a d jo u r n ; la y o n t h e ta b le .
A fte r
a m o t io n f o r th e p r e v io u s q u e s t io n is m a d e , p e n d in g a se c o n d t h e r e to ,
a n y m e m b e r m a y g iv e n o tic e t h a t lie d e s ir e s to o ffe r a n a m e n d m e n t to
t h e bil': o r o t h e r m a t t e r u n d e r c o n s id e r a t io n , a n d a f t e r t h e p r e v io u s
q u e s t io n is s e c o n d e d , su c h m e m b e r s h a ll be e n t i t le d t o o ffe r b is a m e n d
m e n t in p u r s u a n c e o f su c h n o tic e .
(M a n u a l, 1 9 1 3 , p. 2 1 .)
House.
5 0 . T h e p r e v io u s q u e s t io n s h a ll b e n s f o l l o w s : “ S h a ll th e m a in
q u e s t io n b e n o w p u t ? ” a n d , u n t il it is d e c id e d , s h a ll p r e c lu d e a ll
a m e n d m e n ts an d d e b a te.
I f t h i s q u e s t io n s h a ll b e d e c id e d in t h e
a f f ir m a t iv e , t h e “ m a in q u e s t io n ” s h a ll b e on th e p a s s a g e o f t h e b i ll,
r e s o lu t io n , o r o t h e r m a t t e r u n d e r c o n s id e r a t io n , h u t w h e n a m e n d m e n t s
a r e p e n d in g , t h e q u e s t io n s h a ll be t a k e n u p o n s u c h a m e n d m e n t s , in
t h e ir o r d e r , w i t h o u t f u r t h e r d e b a t e o r a m e n d m e n t .
I f su c h q u e s t io n
be d e c id e d in t h e n e g a t iv e , t h e m a in q u e s t io n s h a ll b e c o n s id e r e d a s
r e m a in in g u n d e r d e b a t e : Provided, T h a t no o n e s h a ll m o v e th e p r e v io u s
q u e s t io n e x c e p t t h e m e m b e r s u b m it t i n g t h e r e p o r t on t h e hilt o r o t h e r
m a t t e r u n d e r c o n s id e r a t io n , a n d th e m e m b e r i n t r o d u c in g th e b ill or
o t h e r m a t t e r u n d e r c o n s id e r a t io n , o r t h e m e m b e r in c h a r g e o f th o
m e a s u r e , w h o s h a ll be d e s ig n a t e d b y t h e c h a ir m a n o f t h e c o m m it t e e
r e p o r t in g th e s a m e to th e h o u s e a t t h e t im e t h e b ill o r o t h e r m a t t e r
u n d e r c o n s id e r a t io n is r e p o r te d to t h e h o u s e o r t a k e n u p f o r c o n s id e r a
tio n .
81722— 14548
I
W h e n a m o tio n f o r t h e p r e v io u s q u e s t io n is m a d e , a n d p e n d in g th e
s e c o n d t h e r e t o b y a m a j o r i t y , d e b a t e s h a ll c e a s e ; b u t i f a n y m e m b e r
o b t a i n s t h e flo o r h e m a y m o v e t o la y th e m a t t e r u n d e r c o n s id e r a t io n
o n t h e t a b le , o r m o v e a n a d jo u r n m e n t , a n d w h e n b o t h o r e it h e r o f t h e s e
m o t io n s a r e p e n d in g th e q u e s t io n s h a ll s t a n d :
(1 ) P r e v io u s q u e s t io n .
( 2 ) T o a d jo u r n .
( 3 ) T o l a y o n t h e t a b le .
A n d th e n u p o n t h e m a in q u e s t io n , o r a m e n d m e n t s , o r t h e m o t io n t o
p o s tp o n e in d e fin it e ly , p o s tp o n e t o a d a y c e r t a in , t o c o m m it , o r a m e n d ,
in t h e o r d e r o f t h e ir p r e c e d e n c e , u n t il t h e m a in q u e s t io n is r e a c h e d or
d is p o s e d o f ; b u t a f t e r th e p r e v io u s q u e s t io n h a s been c a lle d b y a m a
jo r i t y n o m o t io n , a m e n d m e n t , o r d e b a t e s h a ll b e in o r d e r .
A l l m o t io n s b e lo w th e m o tio n t o la y o n t h e t a b le m u s t be m a d e p r io r
t o a m o tio n f o r t h e p r e v io u s q u e s t io n ; b u t, p e n d in g a n d n o t a f t e r th e
s e c o n d th e r e fo r , b y th e m a j o r i t y o f t h e h o u s e , a m o tio n to a d jo u r n
o r la y on t h e t a b le , o r b o t h , a r e in o r d e r .
T h i s c o n s t it u t e s t h e p r e c e
d e n c e o f th e m o t io n t o a d jo u r n a n d la y o n t h e t a b le o v e r o t h e r m o t io n s
in r u le 2 5 .
M o t i o n s s t a n d a s f o l lo w s in o r d e r o f p r e c e d e n c e in r u le 2 0 : T,av o n
t h e t a b le , p r e v io u s q u e s t io n , p o s tp o n e in d e fin it e ly , p o s tp o n e d e fin it e ly ,
t o c o m m it o r a m e n d .
W h e n th e p r e v io u s q u e s tio n Is c a lle d a ll m o t io n s b e lo w it f a l l, u n le s s
m a d e p r io r t o th e c a l l , a n d a ll m o t io n s a b o v e it a f t e r it s se c o n d b y a
m a j o r i t y r e q u ir e d .
P e n d in g t h e s e c o n d , t h e m o t io n s t o a d jo u r n a n d
la y on t h e t a b le a r c in o r d e r , b u t n o t a f t e r a s e c o n d .
W h e n in o r d e r
a m i e v e r y m o t io n is b e fo r e th e h o u s e , th e q u e s t io n s t a n d s a s f o l l o w s :
P r e v io u s q u e s t io n , a d jo u r n , l a y on th e t a b le , p o s tp o n e in d e fin it e ly , p o s t
p o n e d e fin it e ly , t o c o m m it , a m e n d m e n t to a m e n d m e n t , a m e n d m e n t , s u b
s t i t u t e , b ill.
T h e p r e v io u s q u e s t io n c o v e r s a ll o t h e r m o t io n s w h e n s e c o n d e d b y a
m a j o r i t y o f t h e h o u s e , a n d p r o c e e d :: b y r e g u la r g r a d a t io n to t h e m a in
q u e s t io n , w i t h o u t d e b a te , a m e n d m e n t , o r m o t io n , u n t il s u c h q u e s t io n is
r e a c h e d o r d is p o s e d o f .
( H o u s e R u le s , 1 9 1 5 , p p . 8 - 1 0 . )
NORTH DAKOTA.
Senate.
8 . W h e n a q u e s t io n is u n d e r d e b a te n o m o tio n s h a ll b e r e c e iv e d e x c e p t
to a d jo u r n , t o la y on th e ta b le , to m o v e f o r th e p r e v io u s q u e s t io n , to
m o v e t o p o s tp o n e to a d a y c e r t a in , to c o m m it o r a m e n d , to p o s tp o n e
in d e fin it e ly , w h ic h s e v e r a l m o t io n s s h a ll h a v e p re c e d e n c e in th e o r d e r
In w h ic h t h e y a r e n a m e d , a n d n o m o t io n t o p o s tp o n e t o a d a y c e r t a in ,
to c o m m it , to p o s tp o n e in d e fin it e ly , h a v in g been d ^ c id ^ d . s h a ll lie e n te r
t a in e d on th e s a m e d a y a n d a t t h e s a m e s t a g e o f th e b ill o r p r o p o s it io n .
( S e n a t e R u le s , 1 9 1 5 , p . 1 1 .)
House.
1 4 . T h e p r e v io u s q u e s t io n s h a ll he in t h is f o r m : “ S h a ll t h e m a in
q u e s t io n he n o w p u t ? ”
I t s h a ll he a d m it t e d o n ly w h e n d e m a n d e d by
a m a j o r i t y o f th e m e m b e r s p r e s e n t, a n d it s e ffe c t s h a ll he to p u t a n e n d
t o a ll d e b a te a n d b r in g th e h o u s e to a d ir e c t v o t e u p o n t h e a m e n d m e n t s
r e p o r te d by a c o m m it t e e , i f a n y . u p o n th e p e n d in g a m e n d m e n t s a n d
th e n u p o n t h e m a in q u e s t io n .
O n a m o tio n f o r th e p r e v io u s q u e s t io n ,
a n d p r io r to th e s e c o n d in g o f th e s a m e , a c a ll o f th e h o u se s h a ll he in
o r d e r , h u t a f t e r a m a j o r i t y s h a ll h a v e s e c o n d e d s u c h m o t io n n o c a ll
s h a ll he in o r d e r p r io r to d e c is io n o f th e m a in q u e s t io n .
1 5 . W h e n t h e p r e v io u s q u e s t io n is d e c id e d in th e n e g a t iv e it s h a ll
le a v e th e m a in q u e s t io n u n d e r d e b a te f o r th e r e m a in d e r o f th e s i t t i n g
u n le s s s o o n e r d is p o s e d o f in s o m e o t h e r m a n n e r .
1G. A ll in c id e n t a l q u e s t io n s o f o r d e r a r i s i n g a f t e r m o t io n is m a d e f o r
th e p r e v io u s q u e s t io n , d u r in g th e p e n d e n c y o f su c h m o t io n , o r a f t e r th e
h o u s e s h a ll h a v e d e te r m in e d t h a t th e m a in Q u e stio n s h a ll he n o w p u t
s h a ll b e d e c id e d , w h e t h e r on a p p e a l o r o t h e r w is e , w i t h o u t d e b a te .
( H o u s e R u le s , 1 9 1 5 , p p . 1 3 - 1 4 . )
O H IO
Senate.
1 0 5 . A m o t io n f o r t h e p r e v io u s q u e s t io n s h a ll b e e n te r ta in e d o n ly
u p o n th e d e m a n d o f th r e e s e n a t o r s .
T h e p r e s id e n t s h a ll p u t th o ^ q u e s
t io n in t h is f o r m : “ T h e q u e s t io n is . S h a ll th e d e b a t e n o w c l o s e ? " a n d
U n til d e c id e d it s h a ll p r e c lu d e f a r t h e r d e b a te a n d a ll a m e n d m e n t s a n d
m o t io n s , e x c e p t o n e m o t io n t o a d jo u r n , o n e m o t io n to ta k e a r e c e ss, o n e
tn o tio n t o la y on th e ta b le , a n d o n e c a ll o f th e sen ate.^
1 0 3 . A l l in c id e n ta l q u e s t io n s o r q u e s t io n s o f o r d e r 'a r i s i n g a f t e r th o
d e m a n d f o r th e p r e v io u s q u e s t io n is m a d e s h a ll b e d e c id e d w i t h o u t d e
b a t e a n d s h a ll n o t be s u b je c t t o a p p e a l.
81722— 14548
42
1 0 7 . A f t e r t h e d e m a n d f o r t h e p r e v io u s q u e s t io n h a s b ee n s u s t a in e d
n o c a ll o r m o t io n s h a ll he in o r d e r , b u t th e s e n a t e s h a ll b e b r o u g h t t o
an im m e d ia t e v o t e , fir s t u p o n t h e m a in q u e s t io n .
1 0 8 . A g r e e m e n t t o a m o t io n t o r e c o n s id e r a v o t e on a “ m a in o u e s t io n " s h a ll n o t r e v iv e t h e “ p r e v io u s q u e s t io n ,” b u t t h e m a t t e r s h a ll b e
s u b je c t to a m e n d m e n t a n d d e b a te .
( L e g i s l a t i v e M a n u a l, 1 9 1 2 , p p .
2 2 -2 3 .)
House.
5 2 . T h e p r e v io u s q u e s tio n s h a ll b e in t h i s f o r m : “ S h a ll th e d e b a te
now c lo s e ? ”
I t s h a ll be p e r m it t e d w h e n d e m a n d e d b y fiv e o r m o r e
m e m b e r s , a n d m u s t be s u s t a in e d b y a m a jo r i t y v o t e , a n d . u n t il d e c id e d ,
s h a ll p r e c lu d e f u r t h e r d e b a te , a n d a ll a m e n d m e n t s a n d m o t io n s , e x c e p t
o n e m o tio n t o a d jo u r n , a n d o n e m o tio n to la y on ta b le .
5 3 . A l l in c id e n t a l q u e s t io n s o r q u e s t io n s o f o r d e r a r is in g a f t e r a
m o t io n is m a d e f o r t h e p r e v io u s q u e s t io n , a n d p e n d in g su c h m o t io n ,
s h a ll be d e c id e d w i t h o u t d e b a te a n d s h a ll n o t be s u b je c t t o a p u e a l.
5 4 . O n a m o tio n f o r th e p r e v io u s q u e s t io n , a n d p r io r to v o t in g on th e
s a m e , a c a ll o f th e h o u s e s h a ll be in o r d e r : b u t a f t e r th e d e m a n d f o r
t h e p r e v io u s q u e s tio n s h a ll h a v e been s u s t a in e d n o c a ll s h a ll be in o r d e r ;
a n d th e h o u s e s h a ll be b r o u g h t to a n im m e d ia t e v o t e , fir st u p o n th e
p e n d in g a m e n d m e n t s in th e in v e r s e o r d e r o f t h e ir a g e , a n d th e n u p o n
th e m a in q u e s t io n .
5 5 . I f a m o tio n f o r t h e p r e v io u s q u e s t io n be n e t s u s t a in e d , t h e s u b
je c t u n d e r c o n s id e r a t io n s h a ll be p r o c e e d e d w ith (h e s a m e a s if th e
m o t io n h a d n o t b ee n m a d e .
( L e g is l a t i v e M a n u a l, 1 9 1 2 , p p . G 9 - 7 5 . )
O KLA H O M A .
Sen ate.
3 3 ( a ) T h e r e s h a ll be a m o t io n f o r th e p r e v io u s q u e s t io n , w h ic h s h a ll
be s t a t e d in t h e s e w o r d s , t o w i t , “ S h a ll t h e m a in q u e s t io n be n o w
p u t ? ” w h ic h , b e in g o r d e r e d by a m a jo r i t y o f t h e m e m b e r s v o t in g , if
a q u o r u m be p r e s e n t , s h a ll h a v e t h e e ffe c t t o c u t o ff a ll d e b a t e a n d
b r in g th e h o u s e t o a d ir e c t v o t e u p on th e im m e d ia t e q u e s t io n o r q u e s
t io n s on w h ic h it h a s b ee n a s k e d a n d o r d e r e d .
T h e p r e v io u s q u e s t io n
m a y be a s k e d a n d o r d e r e d u p o n a s in g le m o t io n , a s e r ie s o f m o t io n s
a llo w a b le u n d e r th e r u le s , c r a n a m e n d m e n t o r a m e n d m e n t s , a n d in
c lu d e th e b ill to it s p a s s a g e o r r e je c t io n .
I t s h a ll bo in o r d e r , p e n d in g
t h e m o tio n f o r o r a f t e r th e p r e v io u s n u e s t io n , f o r th e p r e s id e n t t o
e n t e r t a in a n d s u b m it a m o tio n to c o m m it w ith o r w i 'h o u t in s t r u c t io n s
to a s t a n d in g o r s e le c t c o m m it t e e .
( J e f f e r s o n 's M a n u a l, s e c . 2 4 . )
( b ) I f th e p r e v io u s q u e s t io n is c a r r ie d , t h e o r ig in a l m o v e r o f th e
m a in q u e s t io n , o r . i f t h e b ill o r r e s o lu tio n o r ig in a t e d in th e o t h e r
h o u s e , th e n th e c h a ir m a n o f (h o c o m m it t e e r e p o r t in g flic s a m e , s h a ll
h a v e th e r i g h t t o c lo s e t h e d e b a t e a n d b e lim it e d to 1 5 m in u t e s , a n d
s h o u ld th e p r e v io u s q u e s t io n he o r d e r e d on a s u b je c t d e b a t a b le b e fo r e
t h e s a m e h a s hern d e b a te d th e f r ie n d s a n d o p p o n e n t s o f th e m e a s u r e
s h a ll h a v e 3 0 m in u t e s on e it h e r sid e in w h ic h to d e b a t e t h e q u e s t io n i f
d e s ir e d .
( J e f f e r s o n 's M a n u a l, se c . 3 4 ; B e d B o o k , 1 9 1 2 , v . 2 , p . 1 0 9 . )
House.
4 4 . W h e n a n y d e b a t a b le q u e s tio n is b e fo r e t h e h o u s e a n y m e m b e r
m a y m o v e t h e p r e v io u s q u e s t io n , b u t b e fo r e it is p u t it s h a ll he s e c
o n d e d b y a t le a s t five m e m b e r s w h e t h e r t h a t q u e s t io n ( c a l 'e d th e m a in
q u e s t io n ) s h a ll n o w he p u t .
I f it p a s s e s in th e a f f ir m a t iv e , th e n th e
m a in q u e s t io n is t o be p u t im m e d ia t e ly , a n d n o m e m b e r s lm li d ” b a tc
It f u r t h e r , e it h e r a d d t o it o r a lt e r : P rovid ed , T h a t a f t e r t h e p r e v io u s
q u e s t io n s h a ll h a v e b ee n a d o p te d th e m o v e r o f th e m a in q u e s t io n o r
t i e c h a ir m a n o f th e c o m m it t e e s h a ll h a v e t h e p r iv ile g e o f c lo s in g t h e
d e b a t e a n d be lim it e d to o n e -f o u r t h h o u r : P rovided fu r th e r . T h a t w h e n
( lie p r e v io u s q u e s t io n h a s been o r d e r e d on a d e b a t a b le p r o p o s it io n w h ic h
lia s n o t b ee n d e b a te d 1 5 m in u t e s in t h e a g g r e g a t e s h a ll b e a llo w e d th e
f r i e n d s a n d o p p o n e n t s o f t h e p r o p o s it io n e a c h b e fo r e p u t t i n g th e m a in
q u e s t io n .
( B e d B o o k , 1 9 1 2 . v . 2 , p 9 G .)
OREGON.
Senate.
37.
T h e p r e v io u s q u e s t io n s h a ll be p u t in t h e f o l lo w i n g f o r m : “ S h a ll
t h e m a in q u e s t io n n o w he p u t ? ”
I t s h a ll o n ly be a d m it t e d w h e n d e
m a n d e d b y a m a j o r i t y o f th e s e n a t o r s p r e s e n t , a n d i t s e ffe c t s h a ll be
to p u t a n e n d to a ll d e b a t e , e x c e p t t h a t th e a u t h o r o f t h e b ill o r o t h e r
m a t t e r b e f o r e th e s e n a t e , s h a ll h a v e t h e r ig h t to c lo s e , a n d t h e s u b je c t
u n d e r d i s c u s s i o n .s h a l l th e r e u p o n be im m e d ia t e ly p u t t o a v o t e .
On a
m o t io n f o r th e p r e v io u s q u e s t io n , p r io r to a v o te o f th e s e n a t e b e in g
t a k e n , a c a ll o f t h e s e n a t e s h a ll b e in o r d e r .
( S e n a t e J o u r n a l, 1 9 1 1 ,
p. 3 5 9 )
S1722— 14548
43
House.
<50. The previous question shall he put in this form : “ Shall the
main question he now p u t ? ” It shall only he admitted when demanded
hy a majority of the members present, and, until it is decided, shall
preclude all amendment and further debate on the main question except
bv the mover of the original motion, who shall be allowed 10 minutes,
tin a motion for the previous question, a roll call shall be in order if
demanded by two members.
31. On a previous question there shall be no debate ; all incidental
questions of order arising after a motion is made for the previous ques
tion, and pending such motion, shall lie decided, whether an appeal or
otherwise, without debate.
(House rules, 1009, p. 7.)
P E N N SY L V A N IA .
Senate.
0.
The motion for the previous question, for postponement, for com
mitment, and for amendment, shall take precedence in the order men
tioned. and a motion for the previous question shall preclude any of
the other motions from being m ade; a motion to postpone shall preclude
n motion to com m it: or to amend a motion to commit shall preclude a
motion to amend. The motion for the previous question, postponement
(other than indefinite postponement), or commitment shall preclude de
bate on the original subject. The previous question shall not be moved
by less than four members.
10. When a call for the previous question has been made and sus
tained, the question shall be upon pending amendments and the main
question in their regular order, and all incidental questions of order
arising after a motion for the previous question has been made, and
pending such motion shall be decided, whether on appeal or other
wise, without debate. (Smith's Legislative Handbook, 1014, p. 1000.)
House.
21. The previous question shall not be moved by less than 20 mem
bers rising for that purpose, and shall be determined without debate;
but when the previous question has been called and sustained it shall
not cut off any pending amendment, but the vote shall be taken without
debate, on (he amendments in their order and then on the main ques
tion. (Smuil's Legislative Handbook, 1914, p. 1031.)
IUIODE ISLA N D .
Senate.
20. There shall he a motion for the previous question, which shall not
he debatable, and which may he asked and ordered upon any bill or sec
tion thereof, amendment, motion, resolution, or question which is
debatable, any of which shall he considered as the main question for
the purpose of applying the previous question. All incidental questions
of order arising after a motion for the previous question has been made,
and before the vote has been taken on the main question, shall be de
cided, whether on appeal or otherwise, without debate.
When the previous question has been ordered a motion to reconsider
such vote shall not he in order, and no motion to adjourn while a
quorum is present shall he entertained between the taking of such vote
and the taking of the vote on the main question, hut 10 minutes shall
be allowed for further debate upon the main question, during which no
member shall speak more than 3 minutes, and a further period of 10
inimilcs. if desired, shall he allowed for debate to the member introduc
ing the bill or question to be acted upon, or to the member or members
to whom he may yield the floor, at the close of which time, or at the
close of the first iO minutes, in case the introducer docs not desire to
so use ids time, the vote on the main question shall he taken. If inci
dental questions of order are raised after the previous question has
been ordered, the time occupied in deciding such questions shall he
deducted from the time allowed for debate. (Manual, 1914, p. 3o9.)
House.
29. There shall be a motion for the previous question, which shall not
be debatable, and which may he moved, and ordered upon any bill or sec
tion thereof, amendment, motion, resolution, or question which is debat
able, any of which shall he considered as the mam question for the pur
pose of applying the previous question. When a motion for the previous
question lias been made, no other motion shall be entertained by the
speaker until it has been put to the house and decided. Ali incidental
questions of order arising after a motion for the previous question has
been made, and before the vote has been taken on the main question,
shall he decided, whether on appeal or otherwise, without achate. When
the previous question has been ordered a motion to reconsider such vote
81722— 14548
I
44
shall not be In order, and no motion to adjourn or to take a recess while
a quorum is present shall be entertained between the taking of such vote
and the taking of the vote on the main question, but 10 minutes shall
be allowed for further debate upon the main question, during which no
member shall sneak more than 3 minutes, and a further period o f 10
minutes, if desired, shall be allowed for debate to the member intro
ducing the bill or question to be acted upon, or to the member or mem
bers to whom he may yield the floor, at the close of which time, or at
the close of the first 10 minutes, in case the introducer does not desire
to so use his time, the vote on the main question shall be taken.
If
incidental questions of order are raised after the previous question has
been ordered, the lime occupied in deciding such questions shall bo
deducted from the time allowed for debate. (Manual, 1914, p. 307.)
SO U T H
CAROLINA.
No information available.
SO U T H
DAKOTA.
Senate.
62. The previous question shall be stated In this form : “ Shall tho
main question be now p u t ? ” and until it is decided shall preclude all
amendments or debate. When it is decided the main question shall not
be now nut, the main question shall be considered as still remaining
under debate.
G3. The effect of the main question being ordered shall be to put
an end to all debate and bring the senate to a direct vote, first, unon
all amendments reported or pending in the inverse order in which they
are offered. After a motion for the previous question has prevailed, it
shall not be in order to move a call of the senate or to move to
adiourn. prior to a decision of the main question.
64.
The senate may at any time, by a majority vote, close all debate
upon a pending amendment, or an amendment thereto, and cause tho
question to be put thereon, and this does not preclude further amend
ments or debate on the main subject.
(Manual 1913, p. 5G 3-566.)
House.
15. On a motion for the previous question and prior to voting on the
same, a call of the house shall be in order, but after the demand for
the previrus question shall have been sustained, no call shall be in
order, and the house shall be brought to an immediate vote— first,
upon the pending amendments in the inverse order of their age, and
then upon the main question. The previous question may be ordered
upon ail recognized motions or amendments which are debatable, and
shall have the effect to cut off all debate and bring the assembly to
a direct vote upon the motion or amendment on which it has been
ordered.
10. When the previous question is decided in the negative it shall
leave the main question under debate for the residue of the sitting,
unless sooner disposed of by taking the question, or in some other
manner.
17. All incidental questions c f order arising after motion is made for
the previous question, during the pending of such motions or after the
House shall have determined that the main question shall now be put,
shall be decided, whether on appeal or otherwise, without debate.
(Manual 1913, p. 569.)
T E N N E SSE E .
Senate.
22. The previous question shall be in this fo rm : "S h a ll the main
question be now p u t ? ”
It shall be admitted only when demanded by
a maiority of the members present.
If the previous question is sus
tained. its effect shall be to preclude all future amendments, and termin
ate all debate and bring the senate to a direct vote upon the subiect
or matter to which it was applied ip the call.
(Manual 1890, p. 157.)
House.
55. The previous question shall be in this form : “ Shall the main
question be now p a t ? ’
It shall only be admitted when demanded by
two-thirds of the members present.
And if the call is made and sus
tained. its effect shall be to preclude all future amendments and termi
nate all debate; but it may be applied to the main question, or to thq
main question and amendment, or the main question, amendment, and
amendment to the amendment, and shall bring the house to a direct
vote on the question in the order in which they stand and from tho
point where the call was applied.
But In all debates upon resolu
tions or bills immediately prior to their final passage on third reading
the mover or author of the resolution or bill shall have the right to
81722— 14548
close the debate thereon, and no call for the previous question, nor
any other motion, shall cut off this right in the mover or author of the
measure.
(Manual, 1890, p. 154.)
TEXAS.
Senate.
90. Tending the consideration of any question before the senate, any
senator may call for the previous question, and if seconded by five sena
tors the presiding officer shall submit the question, “ Shall the main
question now he p u t ? ” And if a majority vote is in favor of it, the
main question shall he ordered, the effect of which shall be to cut off
all further amendments and debate and bring the senate to a direct
voto— first, upon pending amendments and motions, if there he a n y :
then upon the main proposition. The previous question may he ordered
on any pending amendment or motion before the senate as a separate
proposition and ho decided by a vote upon said amendment or motion.
(Senate Journal, 1911, p. 172.)
House.
XIII.
1. There shall he a motion for the previous question, which shall
he admitted only when seconded by twenty-five (25) members. It shall
be put by the chair in this m anner: ” The motion has been seconded.
As many as are in favor of ordering the previous question on (here
state on what question or questions) will say ‘ aye,’ ” and then, “ As
many as are opposed say ‘ no.’ ” If ordered by a majority of the mem
bers voting, a quorum being present, it shall have the effect of cutting
off all debate and bringing the house to a direct vote upon the imme
diate question or questions upon which it has been asked and ordered.
2. The previous question may be asked and ordered upon any debat
able single motion or series of motions allowable under the rules, or an
amendment or amendments, or may be made to embrace all authorized
debatable motions or amendments, and include the bill or resolution to
its passage or rejection. It may be applied to motions to postpone to a
anv certain, or indefinitely, or to commit, and can not be laid upon the
table.
3. On the motion for the previous question there shall be no debate,
and ail incidental questions of order after it is made, and pending such
motion, shall be decided, whether on appeal or otherwise, without
debate.
4. After the previous question has been ordered there shall be no
debate upon the questions on which it has been ordered, or upon inci
dental questions, except only that the mover of the proposition or the
member making the report from the committee, as the case may he,
or, in case of the absence of either of them, any other member desig
nator) by such absentee, shall have the right to close the debate, after
which a vote shall be immediately taken on the amendments, if any
there were, and then on the main question.
5. When the previous question is ordered upon a motion to postone indefinitely cr to amend by striking out the enacting clause of a
ill the mover of a proposition or bill proposed to be so postponed or
amended, or the member reporting the same from a committee, shall
have the right to close the debate on the original proposition, after
which the member moving to postpone or amend shall be allowed to
close the debate on his motion or amendment.
G. No motion for an adjournment or recess shall be in order after
the previous question is seconded until the.final vote upon the main
question shall be taken, unless the roll call shows the absence of a
quorum.
7. A call of the House may be moved offer the previous question
has been ordered. (House Journal, 1913, p. 70.)
C
UTAH .
Aw
Senate.
No rule.
House.
30. The previous question shall be in this form : “ Shall the question
be now p u t ? ”
And its effect, when sustained by a majority of the
members present, shall He to put an end to all debate, except as to the
mover of the matter pending or the chairman of the committee who
reported it, who shall he privileged to close the debate and bring the
House to a vote on the question or questions before i t : Provided, That
when a motion to amend or to commit is pending its effect shall be
to cut off debate and bring the house to a vote on the motion to amend
or commit only and not upon tbe question to be amended or corn-
81722— 14548
4:6
mitted. All incidental questions arising after motion is made for the
previous question shall be decided, whether on appeal or otherwise,
without debate.
The previous question shall be put only when de
manded by two members. (House Journal, 1013, p. — .)
VERM O NT.
Senate.
26. A call for the previous question shall not at any time be in
order.
A motion to adjourn shall always be in order, except when
the Senate is engaged in voting.
(Senate Rules, 1915, p. 17.)
House.
38. A t any time in the course of debate on a debatable question a
member may move “ that debate upon the pending question do now
close,” and the speaker shall put the question to the house without
debate, and if the motion is decided in the affirmative debate shall bo
closed on the immediate pending question.
Or a member may move
“ that debate on the whole question do now close.” and if the motion
be decided in the affirmative debate shall be closed on the whole
question and the main question shall be put in its order, and no
motion, except a motion to substitute either of said motions for the
other, shall be in order until the main question is put and decided.
(House Rules, 1915, p. 40.)
V IR G IN IA .
Senate.
49. Upon a motion for the pending question, seconded by a majority
of the senators present, indicated by a rising or by a recorded vote,
the president shall immediately put the pending question, and all inci
dental questions of order arising after a motion for the pending
question is made, and, pending such motion, shall be decided, whether
on appeal or otherwise, without debate.
50. Upon a motion for the previous question seconded by a majority
of the senators present, indicated by a rising or by a recorded vote,
the president shall immediately put the question : first, upon amend
ments in the ovder prescribed in the rules, and then upon the main
question. If the previous question be net ordered, debate mav continue
as if the motion had not been made.
(Rules, 1914, pp. lG -i 7 .)
House.
65. Tending a debate any member who obtains the floor for that
purpose only and submits no other motion or remark may move for tlio
‘ previous question ” or .he “ pending question,” and in either case the
motion shall be forthwith put to the house. Two-thirds of the members
present shall be required to order the main question, hut a majority
may require an immediate veto upen the pending question, whatever it
may be.
66. The previous question shall be in this form : “ Shall the main
question now be p u t ? ”
If carried, its effect shall be to put an end to
all dibate and bring the house to a direct vote upon a motion to com
mit if pending, then upon amendments reported by a committee if any,
then upon pending amendments, and then upon the main question. If
upon the motion for the previous question the main question be not
ordered, debate may t-ontinuc as if the motion had not been made.
(Rules, 1914, pp. 3 9 -4 0 .)
W A SH IN G TO N .
Senate.
39. The previous question shall net be put unless demanded by three
senators whose names s^all be entered upon the journal, and it shall
then be in this fo rm : “ Shall the main question be now p u t ? ”
When
sustained by a majority of senators present it shall preclude all debate,
and the roll shall be immediately called on the question or questions
before the senate, and all incidental question or questions of order
arising after, the motion is made after the previous question and pending
such motion shall be decided whether on anneal or otherwise without
debate.
(Legislative Manual, 1911, pp. 3 6 -3 7 .)
House.
27. The previous question may be ordered by two-thirds of the mem
bers present upon all recognized motions or amendments which are
debatable, and shall have the effect to cut off all debate and bring the
house to a direct vote upon the motion or amendment on which it has
been ordered. On motion for the previous question and prior to the
seconding of the same a call of the house shall be in order, but such
call shall not be in order thereafter prior to the decision of the main
question.
81722— 14548
*
47
The question is not debatable and can not be amended. The previous
question shall be put in this form : “ Mr. ------------demands the previous
question. As many as are in favor of ordering the previous question
will say ‘A y e ’ ; as many as are opposed will say ‘ No.’ ”
The results of the motion are as follow s:
If determined in the negative, the consideration goes on as if the.
motion had never been made ; if decided in the affirmative, the presiding
officer at once, and without debate, proceeds to put, first, the amend
ments pending and then the main question as amended. If an adjourn
ment is had after the previous question is ordered, the subject comes
up the first thing after the reading of the journal the next day, and
the previous question privileged over all other business, whether new or
unfinished.
(Legislative Manual, 1911, p. 51.)
WEST TIEGINIA.
Senate.
5G. There shall ho a motion for the previous question, which, being
ordered by a majority of members present, if a quorum, shall have the
effect to cut off all debate and bring the senate to direct vote upon the
immediate question or questions on which it has l>oen asked and ordered.
The previous question may be asked and ordered upon a single motion,
a series of motions, or may be made to embrace all authorized motions
and amendments and include the bill to its engrossment and third read
ing, and then, on renewal and second of said motion, to its passage or
rejection.
It shall be in order, pending a motion for or after the pre
vious question shall have been ordered on its passage, for the president
to entertain and submit a motion to commit, with or without instruc
tion, to a standing or select committee: and a motion to lay upon the
table shall be in order on the second and third reading of a bill.
(2) A call of the senate shall not be in order after the previous ques
tion is in order unless it shall appear upon an actual count by the
president that a quorum is not present.
(3 ) All incidental questions of order arising after a motion is made
for the previous question, and, pending such motion, shall be decided
whether an appeal or otherwise, without debate.
(Legislative Manual’
1913, p. 4 4 -4 5 .)
House.
78. If the previous question be demanded by not less than seven
members, the speaker shall, without debate, put the question, " Shall the
main question be now p u t ? ” If this question be decided in the affirma
tive, all further debate shall cease and the vote be at once taken on the
proposition pending before the house. When the house refuses to order
the main question, the consideration of the subject shall be resumed as
if the previous question had not been demanded.
79. The previous question shall not be admitted in the committee of
the whole.
(Legislative Manual, 1918, p. 70.)
W IS C O N S IN .
mt
Senate anil house.
80. Moving previous question. When any bill, memorial, or resolution
is under consideration, any member^ being in order and having the floor
may move the “ previous question,” but such motion must be seconded
by at least 5 senators or 15 members of the assembly.
81. l’uttiug of motion ; ending debate. The previous question being
moved, the presiding officer shall say, “ It requiring 5 senators or 15
members of the assembly, as the case may be, to second the motion for
the previous question, those in favor of sustaining the motion will
rise.
And if a sufficient number rise, the pre/ious question shall be
thereby seconded, and the question shall then be : “ Shall the main ques
tion be now p u t ? ” which question shall be determined by the veas and
nays. The main question being ordered to be now put, its effects shall
be to put an end to all debate and bring the house to a direct vote upon
the pending amendments, if there be any, and then upon the main
question.
82. Main question may remain before house, when.
On taking the
previous question, the house shall decide that the main question ‘ shall
not now be put, the main question shall remain as the question before
the house, in the same stage of proceedings as before the previous ques
tion was moved.
83. One call of house in order, when. On motion for the previous
question, and prior to the ordering of the main question, one call of
the house shall be in order; but after proceedings under such call shall
have been once dispensed with, or after a majority shall have ordered
the main question, no call shall be in order prior to the decision of
such question.
(Manual, 1911, pp. 9 7 -9 8 .)
81722— 14548
/
*
WTO M 1X 0.
Senate.
43. Any member may move the previous question, and if it be sec
onded by three other members, the previous question shall be put in
this fo rm : "S h a ll the main question be now p u t ? ”
The object of this
motion is to bring the senate to a vote on the pending question without
further discussion : and if the motion fails, the discussion may pro
ceed the same as if the motion had not been m ade; if carried, all debate
shall '■ease. and the president shall immediately put the main ques
tion to v o te : First on proposed amendments in their order, and then
on the main question, without debate on further am endm ent: Provided,
That a motion to adjourn and a call of the senate shall each be in
order after the previous question has been sustained and before the
main question is put. but no other motion or call shall be in order,
except to receive the report of the sergeant at arms or to dispense with
the proceedings under the call, and all motions and proceedings au
thorized by this rule shall Ire decided without debate, whether on appeal
or otherwise. (Senate Rules. 1915, p. 13.)
H ouse.
25. Any member may move the previous question, and if it be sec
onded by three other members, the previous question shall be put In
this form. “ The previous question is demanded.”
The obiect of this
motion is to bring the house to a vote on the pending question without
discussion, and if the motion fails, the discussion may pvoce d the same
as if the motion had not been m ade: if carried, all debate shail cease,
and the speaker shall immediately put the question to vote ; first, on
proposed amendments in their order, and then on the main question,
without debate or further am endm ents: Provided, That a motion to
adjourn and a call of the house shall each bo in order after the
“ previous question” has been sustained, and before the main question
is put. but no other motion or call shall be in order, except to receive
the report of the sergeant-at-arms, or to dispense with the proceedings
under the call : and all motions and proceedings authorized by this
rule shall be decided without debate, whether on appeal or otherwise.
(House Journal, 1911, p. 78.)
Mr. HITCHCOCK. Mr. President-----The PRESIDING OFFICER. Does the Senator from Okla
homa yield to the Senator from Nebraska?
Mr. OWEN. I yield to the Senator from Nebraska.
Mr. HITCHCOCK. I wish to ask tlie Senator whether there
is not a distinction which he ought to draw between the Senate
of the United States and these various legislative bodies, and
also between tlie Senate of tlie United States and tlie House of
Commons in London, the Reichstag in Berlin, and the Chamber
o f Deputies in Paris? In all of those cases the members vote in
accordance with their judgments and their convictions, and
when they come to a vote you get the vote of tlie majority. In
the Senate of tlie United States, however, in tlie case of the
pending bill, you are not permitting Senators to vote in accord
ance with their judgments and in accordance with their convic
tions. You have held a so-called Democratic caucus, and it is
notorious that a number o f the Democratic Senators here are
under caucus compulsion to vote against their judgments and
against tlieir convictions; so that to hold them thus bound and
then compel a vote is to enable 30 Members of the Senate to
represent a majority. Now, those 30 Senators do not constitute
a majority of tlie Senate, and tlie caucus rule coupled with (lie
cloture would not develop the real sense of tlie Senate of tlie
United States. It would not give to tlie majority of tlie Senate
the decision of tlie question. It would be a mechanical, artificial
means o f enabling 36 Senators to decide tlie question. Is not
that a distinction?
Mr. OWEN. Mr. President. I shall be very glad to answer the
Senator. I am glad he asked me the questiou, because it
81722— 14548
affords me an opportunity to answer, and I wish to answer It
frankly and with the truth as I understand it.
I think it the common rule of practice that in all the States
party caucuses or conferences are used when desired to obtain
party harmony in party action.
Under the system that we have of party government, where
the members o f each party line up with complete solidarity on
either side of the aisle— I may say with complete solidarity,
because the exception is very rare—where that is the case, and
where there is a conference or caucus on both sides, it comes
down to a question o f party government; and party government
must be controlled by a majority of the members of the party.
The party then becomes jointly responsible throughout the
Nation for the action of the party in the Senate and House of
Representatives. If the party acts unwisely, the Senator from
Nebraska will be defeated. If it acts wisely, he will not be de
feated, under normal conditions.
That being so, if I have to choose between a Republican
caucus or a Republican conference and a Democratic caucus
or a Democratic conference, I will prefer to yield some por
tion of my judgment to my own Democratic colleagues and
go with them upon a public question. If I find that I can not
in conscience, if I can not as a constitutional duty, go with my
colleagues, however painful it may be to me, I shall reluctantly
go my way and take the consequences. Rut when I yield a part
of my desire I do so freely and voluntarily for the purpose of
accomplishing some measure of good rather than by my nega
tive self-opinionated action preventing anything from being ac
complished. 1 would rather go forward ro some extent than try
to have my own private opinion dominate the majority of my
colleagues and disrupt them and not get anywhere.
I think this practice of the Senate in having no cloture, in
having no time fixed for voting, has destroyed debate in the
Senate and has driven the debate into a conference room, where
colleagues cau get together and express their minds and hearts
to each other and arrive at some measure of solidarity. That
is my opinion about it. I concede to the Senator his right to
do as he sees fit about it, but I do not find it against my own
conscience or my own free will to yield something in my judg
ment to my party associates. I am glad to do that, because
they yield something to me also.
It is a question of mutual compromise between men who are
affiliated together upon a party basis for the public good, and
they go to the country upon party performance or party neglect
or party success in legislation or party defeat in legislation.
I am not willing to defeat the party that put me in power and
turn upon them and rend them to pieces. I am not willing to
disorganize my party and cooperate with Republicans to de
feat my party because the majority of my party colleagues do
not submit to dictation from me. I wish to cooperate with my
party associates and help them when I can. I certainly would
not wish to destroy them. I would prefer to be silent if I can
not agree with them and merely give the reasons why I can not
go with them.
Mr. HITCHCOCK. Well, I-----Mr. OWEN. Just a moment, and then I will yield further
to the Senator. What I want to express is that if we had a
81722— 14548------- 4
50
cloture we would restore debate in the Senate Chamber, and I
would then be glad to listen to debate from Members across the
aisle and learn from them, and I would accept from them any
proposal that I thought for the common good. In writing the
Federal reserve act and taking a part in it many things were
proposed by the Republicans which I gladly accepted, as far as
I was concerned; and I gave them open credit for it, too.
Mr. HITCHCOCK. How could the Senator accept it if he
were restrained by a party caucus?
Mr. OWEN. I was not restrained or coerced by a party cau
cus. I am glad to cooperate of my own free will. I wish the
Senator could appreciate my sentiment in this matter.
Mr. HITCHCOCK. Well, how could he, in the case of this
bill, accept it?
Mr. OWEN. In the case of this bill—the shipping bill—we
have arrived at a conclusion with regard to what the bill
ought to be and have agreed upon it among ourselves. It is
not quite what I would prefer, but I am glad to get this much.
We have had no method of cooperation with tiie Republican
side of the Chamber, who have fought us on every endeavor
we have made on this and every other bill. They have not
given us an opportunity. They have lined up solidly and en
tered into a secret agreement with some of our own Members
who were in partial sympathy with them to suddenly and un
expectedly unhorse us, and they have given us no opportunity
for free debate here or listening to them. They have given
the Democratic Party no opportunity of cooperation, but have
tried, by using some of our Members, to wrongfully deprive
the Democracy of its right to control the Government and be
responsible for government.
Mr. HITCHCOCK. The question which I asked the Senator
he has not perhaps apprehended, or I think he would have at
tempted to answer it.
Mr. OWEN. I will attempt to answer it now, if the Senator
will repeat it.
Mr. HITCHCOCK. Let me put it in the form of an illus
tration.
The Nebraska Legislature is in session. It is true that there
is a limit to debate in that body, but practically every question—
and I believe I am safe in saying every question—is decided
upon nonpartisan lines. The real majority of the Nebraska
Senate, the real majority of the Nebraska House of Representa
tives, when it comes to vote, votes in accordance with its con
victions—each man in accordance with his convictions. When
they can So vote it is proper that there should be a cloture; but
when men are restrained from voting their own convictions,
when you have a machine, when you have a wheel within a
wheel, so that 3G men are controlling the votes of 53 men, then
I doubt very much whether we should have a cloture.
Mr. OWEN. I do not regard it as controlling my vote when
I voluntarily cooperate with other men who are my political
colleagues and yield something of my judgment to them when
they yield something of their judgment to me. I do not feel
like asserting every inch and particle of my opinion and un
generously yielding nothing whatever to my associates who are
generous to me, and then say that I am being coerced by others
because I will not cooperate with them. When I cooperate
81722— 14548
51
with my associates I do it voluntarily. I do not do it under
compulsion. I do it because I want to do it, and because I
know it is necessary to party solidarity and to obtaining re
sponsible action of my own party, whose future success depends
on present harmony.
Mr. HITCHCOCK. The Senator is a Democrat, and he be
lieves in the rule of the majority?
Mr. OWEN. I do, most certainly.
Mr. HITCHCOCK. Yet this mechanical device of the party
caucus destroys the rule of the majority, by giving to S6 men
the power to vote 53 men.
Mr. OWEN. There is a certain measure of truth in what the
Senator says, and there is also serious deduction or inference
which is untrue in what the Senator says. If this body con
sisted of men chosen upon an open ballot from Nebraska and
Missouri and Oklahoma without any party designation, then
the caucus would be held on this floor. As it is, the power is
intrusted to a party, and in order to have party action the
members of it have got to consult among themselves and de
termine the party action. You do not determine the party ac
tion by consulting with Senators on the other side of the Cham
ber who are hostile to the party, who are laying plans wherever
they can to destroy the party and break it down, in order that
they may themselves regain control of the country, and who
show a greater party solidarity than the Democrats ever do.
In a caucus of 53 men all of the members express their views
and concede to each other, fiually reconciling all differences by a
majority vote, because that is the only way such differences
can be reconciled. The implication that an organized majority
of the 53 members of the caucus get together to tyrannize over
the minority of the 53 members is entirely false, I verily believe.
Some members constantly in such conferences find themselves
now in a majority, now in a minority—and out of mutual con
cessions present party harmony ensues and future party success
may be hoped for.
Mr. GALLINGER. Mr. President-----The PRESIDING OFFICER. Does the Senator from Okla
homa yield to the Senator from New Hampshire?
Mr. OWEN. I yield.
Mr. GALLINGER. If I understood the Senator correctly, he
said that the Democratic Party held caucuses and the Repub
lican Party held caucuses, and, of course, he would follow his
own party.
Mr. OWEN. I used both terms, “ caucus ” and “ conference.”
Mr. GALLINGER. I want to say to the Senator, in all seri
ousness, I have been here nearly 24 years and have attended
every conference when I have been in the city, and the Republi
can Party has never undertaken to bind its members to vote
on any question whatever.
Mr. OWEN. That does not seem to have been necessary.
Mr. GALLINGER. I beg the Senator’s pardon.
Mr. OWEN. I suggested to the Senator that there seemed to
be no necessity of imposing a rule upon a party which holds its
party solidarity without a caucus.
Mr. GALLINGER. That is begging the question. Wbar I
meant to say is that in our conferences, when they are dis81722— 14548
m m m
solved every member of the conference has a right to vote as
he pleases upon any question before the body.
Mr. OWEN. I only infer from the record, and assume that
there is some kind of amiable understanding, which seems to
be sufficient for that purpose, because no Republican ever votes
With the Democrats except on the rarest of occasions. They
vote all together, even when they are obviously wrong and
even on minor questions.
Mr. SMOOT and Mr. THOMAS addressed the Chair.
The PRESIDING OFFICER. Senators will please be in
order. The business of the Senate can not be conducted when
more than one Senator is talking at a time.
Mr. OWEN. Did the Senator from Utah rise to interrupt
me?
Mr. SMOOT. I simply want to add to what the Senator from
New Hampshire has already stated, that not only has the Re
publican Party not held caucuses to bind any Senator, but in
all the time I have been a Senator of the United States I
have had no President of the United States ask me to vote any
way but once, and then President Taft asked me if I could see
my way clear to vote for Canadian reciprocity. I told the Pres
ident I could not. and that I would vote against it.
Mr. OWEN. May I ask the Senator from Utah a question in
response?
Mr. SMOOT. Certainly.
Mr. OWEN. I merely want to ask the Senator from Utah if
it is not n fact tliat tlic last Republican President refused
patronage to Republican Senators who did not vote the way
he wanted them.
Mr. SMOOT. I am sure he did not. I know he did not refuse
it to me. I know I voted against Canadian reciprocity and I
know a majority o f the Republicans voted against it, but I
never have heard-----Mr. OWEN. A letter from the former President’s secretary
was widely published to the effect that the Progressive Repub
licans were very much grieved at the time and made quite a
loud outcry about the treatment they received.
Mr. SMOOT What the newspapers may say is not always
true. I wish to say to the Senator that the only time I was
ever asked to vote for any measure by any President was by
President Taft, and he asked me if I could not see my way
clear to vote for Canadian reciprocity. I told him, “ No; I
could not ” ; and I voted against it and did all I could to defeat
it, and I know a majority of the Republicans voted against it
and tried to defeat it; and I know of none to whom patronage
was denied, as the Senator has referred to that, because of the
fact that they voted against Canadian reciprocity.
Mr. THOMAS. Mr. President-----Mr. OWEN. I yield to the Senator from Colorado.
Mr. THOMAS. I merely wish to say, Mr. President, that
the public were informed, and I have never seen it successfully
denied, that the Congress which ended in March, 1911, which
had a very large Republican majority in both Houses, and
which was therefore controlled by the Republicans in both
Houses, seemed to act with singular unanimity, and it was gen
erally understood that the Republican majority of the Senate
81722— 14548
task
m
53
*
branch of that Congress voted and legislated under the dictation
of a single man, thus making a caucus unnecessary.
Mr. SMITH of Michigan. When was that?
Mr. SMOOT. I should like to ask the Senator a question.
The PRESIDING OFFICER. Does the Senator from Okla
homa yield further?
Mr. OWEN. I yield to the Senator from Utah.
Mr. SMOOT. What was the bill, or to what legislation has
the Senator from Colorado reference?
Mr. THOMAS. I have reference, Mr. President, to the legis
lation that was enacted under the domination of the then senior
Senator from Rhode Island, Mr. Aldrich.
Mr. SMOOT. I suppose the Senator means the tariff hill, and
I think that he-----Mr. THOMAS. He was the caucus and his mandate was
your law.
Mr. SMOOT. Of course, that is an assertion made wholly
without any truth whatever. I know one thing. I know that he
was not the caucus for the Senator from Utah and I do not
believe he was the caucus for anyone else on this side.
Mr. THOMAS. I do not think that the Senator from Utah
differed very materially from the Senator from Rhode Island
during that Congress. My recollection is that he was his chief
lieutenant.
Mr. SMOOT. As far as that is concerned, I will say that
wherever I believe a principle to be right and any other Senator
may believe the same way I am not going to differ with him, if
he votes his convictions as I do; and I believe the Senator will
admit I always vote what my true convictions are irrespective
of what any man in the world may think of it or may say.
Mr. THOMAS. I concede that; but I want Senators to be
consistent. I vote my convictions, but I am accused of voting
at the dictation of 36 members of my party. Now, is it possible
that because 36 members of my party meet in caucus—and I am
not afraid of the word “ caucus.” Mr. President. I believe in it—
and because I vote in accordance with what the caucus of my
party determines after full deliberation, am I to be accused
also of surrendering my convictions, my freedom of action? It
remains just the same; and I think my short record in this
body will demonstrate the fact, notwithstanding that caucuses
seem at present to be so annoying to those who lepieseut the
other side and also to some who are on this side of the Chamber.
Mr. SMOOT. Mr. President-----The PRESIDING OFFICER. Does the Senator from Okla
homa yield further to the Senator from Utah?
Mr. SMOOT. There is just one other statement I desire to
make.
Mr. OWEN. I yield.
Mr. SMOOT. Of course, the Senator from Colorado believes
In caucuses. I do not. I think some of the worst legislation
that was ever enacted in Congress has been the result of
caucuses.
. . .
*
„
Mr. THOMAS. Does the Senator believe in conferences?
Mr. SMOOT. I believe in conferences, but I do not believe
the conferences should bind anybody who attends them.
Mr. THOMAS. I have noticed that the conferences which
already have been held by my Republican friends have re81722— 14548
*
54
suited in a unanimity of action and of sentiment that is simply
astonishing.
Mr. SMOOT. I can say to the Senator from Colorado that
I have attended many conferences where there was a divided
vote. I will say this: I do not remember attending a con
ference of the Republican Party where there has been a
unanimity of sentiment.
Mr. THOMAS. I do not know, of course, what is the
unanimity of sentiment in the conference. I am talking about
the unanimity displayed here.
Mr. SMOOT. I will say to the Senator that there has been
no conference held on this bill.
Mr. THOMAS. Then there is a mysterious magnetic some
thing which seems to act of its own volition and which binds
our brethren more closely than any caucus even seems to be
able to bind this side.
Mr. OWEN. Mr. President, I wish to place in the R ecord
at this point the precedents of the English Government, of the
French Government, of the German Government, of the Aus
tria-Hungary Government, of the Austrian Government, and of
the Governments of Belgium, Denmark, Netherlands, Portugal,
Spain, and Switzerland, and, not desiring to take the time of
the Senate to read them, I will ask to insert them without read
ing with the authority from which it is taken.
The matter referred to is as follows:
E N G L IS H PRECEDENTS.
“ The rule of the majority is the rule in all the parliaments of
English-speaking people. In the Parliament of Great Britain,
in the House of Lords, the ‘ contents’ pass to the right and
the ‘ not contents’ pass to the left, and the majority rules.
“ In the House of Commons the *ayes ’ pass to the right and
the ‘ noes’ pass to the left, and the majority rules. (Encyclo
paedia Britannica, vol. 20, p. 856.)
“ The great English statesman, Mr. Gladstone, having found
that the efficiency of Parliament was destroyed by the right
of unlimited debate, was led to propose cloture in the first
week of the session of 1882. moving this resolution on the 20th
of February, and expressing the opinion that the house should
settle its own procedure. The acts of Mr. Gladstone and others
of like opinion finally led to the termination of unlimited de
bate in the procedure of Parliament. In these debates every
fallacious argument now advanced by those who wish to retain
unlimited debate in the United States Senate has been abun
dantly answered, leaving no ground of sound Reasoning to recon
sider these stale and exploded arguments.
“ The cloture of debate is very commonly used in the Houses
of Parliament in Great Britain; for example, in standing order
No. 26. The return to order of the House of Commons, dated
December 12, 1906, shows that the cloture was moved 112 times.
(See vol. 94, Great Britain House of Commons, sessional papers.
1906.)
FR A N C E.
“ In France the cloture is moved by one or more members cry
ing out ‘ La cloture! ’
“ The president immediately puts the question, and if a member of the
minority wishes to speak he is allowed to assign his reasons against
81722— 14548
55
the close of the debate, but no one can speak in support of the
and only one member against itThe question is then put
president, ‘ Shall the debate be c lo se d ?’ and if it is resolved
affirmative the debate is closed and the main question is put
vote.
motion
by the
in the
to the
“ M. Gnizot, speaking on tlie efficacy of the cloture before a
committee of the House of Commons in 1S48, said:
“ I think that in our chamber it was an indispensable power, and I
think it has not been used unjustlv or improperly generally.
Calling
to mind what has passed of late years, I do not recollect any serious
and honest complaint of the cloture. In the French Chambers, as they
have been during the last 34 years, no member can imagine that the
debate would have been properly conducted without the power of pro
nouncing the cloture.
“ He also stated iu another part of his evidence that—
“ Before the introduction of the cloture in 1814 the debates were pro
tracted indefinitely, aud not only were they protracted, but at the end,
when the majority wished to put an end to the debate and the minority
would not. the debate became very violent for protracting the debate,
and out of the house among the public it was a source of ridicule.
“ The French also allow the previous question, and it can al- •
ways be moved; it can not be proposed on motions for which
urgency is claimed, except after the report of the committee of
initiative. (Dickinson’s Rules and Procedure of Foreign Par
liaments. p. 420.)
G ERM A N Y.
“ The majority rule controls likewise in the German Empire
and they have the cloture upon the support of 00 members of
the house, which is immediately voted on at any time by a
show of hands or by the ayes and noes.
A U S TR IA -H U N G A R Y .
“ In Austria-Hungary motions for the closing of the debate
are to be put to the vote at once by the president without any
question, and thereupon the matter is determined. If the ma
jority decides for a close of the debate, the members whose
names are put down to speak for or against the motions may
choose from amongst them one speaker on each side, and the
matter is disposed of by voting a simple yes or no. (Ibid., p.
404.)
AU STR IA .
“Austria also, in its independent houses of Parliament, has
the cloture, which may be put to the vote at any time in both
houses, and a small majority suffices to carry it. This is done,
however, without interrupting any speech in actual course of
delivery, and when the vote to close the debate is passed each
side has one member represented in a final speech on the ques
tion. (Ibid., p. 409.)
BELG IUM .
“ In Belgium they have the cloture, and if the prime minister
and president of the Chamber are satisfied that there is need of
closing the debate a hint is given to some member to raise the
cry of ‘ La cloture,’ after a member of the opposition has con
cluded his speech, and upon the demand of 10 members, grant
ing permission, however, to speak for or against the motion
under restrictions. The method here does not prevent any rea
sonable debate, but permits a termination of the debate by the
will of the majority. The same rule is followed in the Senate
of Belgium. (Dickinson’s Rules and Procedure of Foreign Par
liaments, p. 420.)
81722— 14548
---- AJ1
D EN M ARK . '
“ In Denmark also they have the clotnre, which can be pro
posed by the president of the Danish chambers, which is de
cided by the chamber without debate. Fifteen members of the
Landsthing may demand the cloture. (Ibid., p. 422.)
N E TH E R L A N D S.
“ In both houses of the Parliament o f Netherlands they have
the cloture. Five members of the First Chamber may propose
it and five members may propose it in the Second Chamber.
They have the majority rule. (Ibid., p. 461.)
P O R TU G A L .
“ In Portugal they have the cloture in both chambers, and de
bate may be closed by a special motion, without discretion. In
the upper house they permit two to speak in favor of and two
against it. The cloture may be voted. (Ibid., p. 469.)
“ The cloture in Spain may be said to exist indirectly, and to
result from the action allowed the president on the order of
parliamentary discussion. (Ibid., p. 477.)
S W IT Z E R L A N D .
“ The cloture exists in Switzerland both in the Conseil des
Etatc and Conseil National.”
Mr. GALLINGER. Has the Senator the rules or the law gov
erning the Canadian Parliament?
Mr. OWEN. No; I have not.
Mr. GALLINGER. They have no previous question I be
lieve; they have unlimited debate.
Mr. OWEN. They have no need for it, as there is unanimity
of sentiment and reciprocal courtesy in their comparatively
small Parliament.
Mr. GALLINGER. They succeeded in defeating the reci
procity bill because of that fact.
Mr. OWEN. Oh. I think not “ because o f that fact.” Mr.
President. Now, Mr. President, I want to call the attention of
the Senate to an editorial from one of the greatest journals of
the country that I think is worthy of very respectful attention,
the New York World of January 29, 1915:
SET T H E SEN ATE FREE.
The Republican minority in the Senate which is attempting to talk
the ship-purchase bill to death is also attempting to talk majority rule
to death. If by its filibuster it can prevent action before the expiration
of Congress on March 4, it will have defeated majority rule as em
phatically as would gunmen at a polling place who drove intending
voters away from the ballot box.
It is claimed on behalf of this minority that it is exercising the right
of debate and merely asserting the time-honored privileges of the Senate
In truth, it is preventing reasonable debate, and the privileges to which
it refers ought to be protected from abuse, as they have been by other
legislative bodies. The British House of Commons, the mother of par
liaments, exceedingly jealous of every real right and privilege throt
tles those who would throttle it—
I commend that sentiment to the attention of the Senate of
the United States—
The American House of Representatives has not once been coerced by
a minority since the Reed rules were established 25 years ago.
Evidently the time must soon come when a courageous majority of
the Senate will emancipate itself from a thraldom hum iliating'alike to
Itself and to the people. Every right properly belonging to minorities
must be safeguarded, but no minority has a right to rule, no minority
has a right to establish by indirection policies which it has not the votes
81722— 14548
57
to
carry, and no minority anywhere in this country, except In the United
States Senate, maintains such a pretense.
The seventeenth amendment, providing for the popular election of
Senators, was a Democratic measure in its origin, and to the present
Democratic administration fell the honor of proclaiming its adoption.
W hy should not the same party complete the reform by such a revision
of the Senate rules as to strip of power those who obstruct the popular
will lawfully expressed?
Now, Mr. President, 1 want to say just one or two words
before I close. Some of our Democratic brethren in the South,
still haunted by the old fear of a force bill led by the Senator
from Massachusetts [Mr. L odge], believe that it would be dan
gerous to abandon the alleged right of the minority to conduct
an endless filibuster and thereby obstruct anything to which
the minority seriously objects. What I want to call to the
attention o f the Senate is that under the change of the Con
stitution providing for the direct election o f Senators by popu
lar vote the Senate of the United States never can again be
made the instrumentality of privilege or plutocracy or monop
oly or organized greed; never can again, by a majority of this
body, be controlled against the interests and the welfare o f the
common people of this country. The majority always in the
future, till time shall be no more, will represent in truth the
sovereignty of the common people of this country. That being
so, I do not see how a man who is a heartfelt Democrat can
reconcile it to his conscience to put in the hands of those who
are at heart opposed to the sovereignty of the people the right
to obstruct their will and prevent legislation which the people
desire.
I have said on the floor to the Senator from New York [Mr.
R oot] that this filibuster was preventing the presentation of
the rural credits bill. What is the use of a committee bringing
forward a bill that has no possible chance of consideration? If
that were possible now, if we had a reasonable cloture, the
Banking and Currency Committee could get together and in all
probability agree upon some measure acceptable to them, ac
ceptable to the Senate, and acceptable to the country. But that
is a small part of the terrible harm being done. This fili
buster is not only preventing the rural credits bill from be
ing considered; it is preventing this whole calendar, page after
page, of listed bills that are important to the country, from
receiving any consideration at all. This body is presenting the
strange, unthinkable, sad spectacle to the country that a
majority is willing to stay here all day and all night, night
after night, in order to exercise the constitutional privilege of
voting their wishes as representatives of the people of the
United States, while an organized filibuster prevents the ma
jority rule; prevents even a vote.
We can not consider rural credits, good roads, waterways,
justice to labor, the employment of the unemployed, the public
health, and the many vital questions affecting the conservation
and development of human life and energy. We are paralyzed
by partisan bigotry and ambition.
I say to the Senate that the people of the United States are
not going to submit to this wrong any more. It is an outrage
on justice; it is shameful; it is despicable; and no words within
the scope of a parliamentary language are strong enough to ex
press my condemnation of it.
I yield the floor, Mr. President.
81722— 14548
[From the North American Review of November, 1893.]
T h e S tr u g g le in t h e S e n a t e ,
i i . o b s t r u c t io n in t h e s e n a t e .
[By Senator I I e n ry C a b o t L odge , of Massachusetts.]
Parliamentary obstruction has of late years engaged public attention
to a degree quite unusual for a subject so technical in its nature.
When the Reed rules, which first brought the subject into prominence in
this country, were under discussion, I pointed out in an article in the
Nineteenth Century that the question was widespread and general and
in no sense local or peculiar to the United States. A t that time the
Democratic orators and the Democratic newspapers seemed to think
that the effort to do away with parliamentary obstruction in the House
of Representatives was a malignant invention of the Republican Party
and particularly of Mr. Reed. If they had taken the trouble to inform
themselves— a form of mental exercise in which they rarely indulge— •
they would have discovered that it was nothing of the sort.
They
would have learned what is now evident to all men that the Republican
reform of the rules of the House was but part of a general movement
against an abuse which in the process of time had become intolerable.
Not only in many States of the Union but in England also the matter
of parliamentary obstruction had reached the proportion of a great and
a very grave public question.
This was neither accidental nor the
result of partisanship.
It was the outgrowth of conditions which had
been slowly developed.
The English-speaking race are the originators of free representative
government.
Among them this great system has grown to maturity
and by them its details have been gradually elaborated.
The funda
mental principles of popular representation and of free speech, of the
control of taxation, and of public expenditures, were established long
since as the result of many hard-fought battles. W ith this development
of representative government there should have gone hand in hand a
development of the rules by which the representative bodies transacted
their business. This, however, did not occur. As so often happens in
history, the substance of things changed, but the forms survived.
While the power and the business of representative bodies both in
England and the United States expanded enormously, the rules in
accordance with which these powers were exercised and this business
transacted remained unaltered. Ordinarily forms are not of much con
sequence provided the essence of things is preserved, but in this in
stance it happened that forms and rules were of vital importance, al
though it is only very recently that this fact has been fully and prop
erly realized.
, ,
.
The rules and practices of the Congress of the United States and or
the House of Commons were adopted under conditions widely different
from those which exist to-day.
They were formed for representative
bodies, in this country at least, much smaller in number, and for the
management of the public affairs of small populations, with industrial
and commercial interests absolutely insignificant when compared with
the vast volume of business to-day, quickened as it now is by the tele
graph and the railroad, and beating with a pulsation which is felt in
every corner of the globe within 2-1 hours. The result has been that the
old rules and forms have not only proved inadequate for the transaction
of business, but have furnished the means for indefinite resistance to
action. When parliamentary rules were first formulated, the preserva
tion of freedom of debate was rightly considered to be of the last im
portance, and, so far as these original rules, which were in great de
gree haphazard, could be said to have any principle, the protection of
freedom of debate was their controlling purpose. All danger to freedom
of debate in English-speaking countries at least has long since van
ished, and the tendency of the old system is to encourage debate, of
which there is now too much, and to prevent action, of which there is
now too little.
, ,
„
The primary and the only proper and intelligent object of all par
liamentary law and rules is to provide for and to facilitate the ordi
nary action of public business.
When any set of parliamentary rules
ceases to accomplish this object they have become an abuse— and an
abuse of the worst kind. They not only prevent action, but, what is
far worse, they destroy responsibility; for, if a minority can prevent
action, the majority, which is entitled to rule and is intrusted with
power, is at once divested of all responsibility, the great safeguard of
free representative institutions.
81722— 14548
59
This question has been fought out in the English House of Commons
and the passage of the home rule bill is conclusive evidence that the
system of enforcing action is not only necessary in England, but that
it is finally and firmly established. The same battle has been fought
out also, and the same result attained, in our own House of Repre
sentatives.
The great reform which Mr. Reed carried through and
which marks an epoch in parliamentary government in the United
States has been in principle finally established.
Received at the mo
ment with much passionate oratory and many loud objurgations, such
as always accompany the onward march and the ultimate triumph of a
great reform, it has at last prevailed. As the dust of that memorable
conflict cleared away, it was discovered that Mr. Reed had only been
enforcing principles which were accepted in nearly every other parlia
mentary body in the world and that he had not invented them himself
for the mere gratification of a tyrannical spirit. Then it was further
disco.ered that his methods, instead of being illegal and unconstitu
tional, had received the sanction of every judicial body before which
they had been brought, and they were finally upheld by the unanimous
decision of the Supreme Court of the United States.
The last stage, the acceptance of the reform by the opposite political
party, has just been passed.
Mr. Speaker Crisp, with a large Demo
cratic majority at his back, has enforced Mr. Reed’ s principles by stop
ping dilatory motions and bringing the House to a vote. The only dif
ference has been that Mr. Reed put his principles into practice under
accepted methods and in accordance with parliamentary law, while Mr.
Crisp very unnecessarily, because no such violence was required, en
forced action with entire disregard of the usual and proper forms. He
is not, however, to be too severely criticized for this.
It was quite
natural that the Democratic Party in the House should writhe at
adopting the principles and carrying into effect the very methods which
they had denounced so exuberantly only three years ago.
They ap
peared to think that they could get around by some bypath to the Re
publican result, and thus cscapg-a march through the valley of humilia
tion, if they discarded the forms under which their adversaries had
performed the same work. Unfortunately such evasions are never pos
sible and the valley of humiliation can not be avoided by those who
have opposed what is righteous, and then, after a short interval, have
accepted righteousness for their own purposes. In any event the result
is the same. The right of the majority to rule, and to pass after due
debate such measures as it sees fit, has been firmly established in the
House of Representatives.
As a practical public question in the United States, parliamentary ob
struction has now shifted to the Senate, where it has aroused lately the
keenest public interest ow'ing to the condition of business and the in
tense /eagerness of the country for the passage of some measure of re
lief. The case in the Senate is very different in many particulars from
what it was either in the House of Commons or the House of Repre
sentatives. The Senate of the United States is still a small body : it
has great powers conferred upon it by the Constitution and weighty
responsibility. It is properly very conservative in its habits and very
slow to change those habits in any direction.
Tliere could be no
better example of this than in its parliamentary procedure. The rules
of the Senate are practically unchanged from what they were at the
beginning
They are the same now to all intents and purposes as
when they were first adopted more than a hundred years ago. There
has never been in the Senate any rule which enabled the majority to
close debate or compel a vote.
The previous question, which existed
in the earliest years, and was abandoned in 1800, was the previous
question of England and not that with which every one is familiar
to-day in our House of Representatives. It was not in practice a form
of closure and it is therefore correct to say that the power of closing
debate in the modern sense has never existed in the Senate.
The rules of the Senate are few and simple. Formed for the use of
a body of 26 Senators, t.hev- have continued in force unchanged, until
they now govern the deliberations of 88. That rules so simple should
have worked so well during so long a period with an increasing number
of Senators and an enormous growth in the volume of business is no
slight tribute to the character of the body which has worked under
them. But they are now beginning to show the same defects and abuses,
arising from the same causes, which have produced such fundamental
changes in larger representative bodies.
The rules of the Senate, providing for no form of compulsion, rest
necessarily on courtesy. In other words, as there is no power to compel
action, it is assumed that the need for compulsion will never arise.
81722— 14548
For this reason, obstruction In the Senate, when It has occurred, has
never taken the form of dilatory motions and continual roll calls, which
have been the accepted method of filibustering in the House.
The
weapon of obstruction in the Senate is debate, upon which the Senate
rules place no check whatever.
Practically speaking, under the rules,
or rather the courtesy of the Senate, each Senator can speak as often
and at as great length as he chooses. There is not only no previous
question to cut him off, but a time can not even be set for taking a
vote, except by unanimous consent.
This is all very well in theory,
and there is much to be said for the maintenance of a system, in one
branch at least of the Government, where debate shall be entirely un
trammeled. But the essence of a system of courtesy is that it should
be the same at all points. The two great rights in our representative
bodies are voting and debate.
If the courtesy of unlimited debate is
granted it must carry with it the reciprocal courtesy of permitting a
vote after due discussion.
If this is not the case the system is im
possible. Of the two rights, moreover, that of voting is the higher and
more important. We ought to have both, and debate certainly in ample
m easure; but, if we are forced to choose between them, the right of
action must prevail over the right of discussion. To vote without de
bating is perilous, but to debate and never vote is imbecile. The dif
ficulty in the Senate to-day is that, while the courtesy which permits
unlimited debate is observed, the reciprocal courtesy, which should in
sure the opportunity to vote, is wholly disregarded.
If the system of reciprocal courtesy could be reestablished and ob
served, there need be no change in the Senate rules. As it is, there
must be a change, for the delays which now take place are discrediting
the Senate and this is something greatly to be deplored. The Senate was
perhaps the greatest single achievement of the makers of the Constitu
tion. It is one of the strongest bulwarks of our system of government,
and anything which lowers it in the eyes of the people is a most serious
matter. How the Senate may vote on any given question at any given
time is of secondary importance, but when it is seen that it is unable
to take any action at all the situation becomes of the gravest character.
A body which can not govern itself will not long hold the respect of the
people who have chosen it to govern the country.
No extreme or violent change is needed in order to remedy the exist
ing condition of affairs. A simple rule giving the majority power to
fix a time for taking a vote upon any measure which has been before
the Senate and under discussion, say for 30 days, would be all sufficient.
Such a change should be made and such a rule passed, for the majority
ought to have and must have full power and responsibility.
On this point of the power of the majority, however, there is a great
deal of popular misconception.
It is customary to assail with bitter
reproaches, as we have seen during the struggle over silver repeal, the
minority who are resisting action. This is putting the blame in the
wrong place. The minority may be justly censured for not conforming
to a system of courtesy, but when that system has been overthrown, as
is the case in the Senate in regard to voting and debate, the fault is no
longer theirs.
No minority is ever to blame for obstruction.
If the
rules permit them to obstruct, they are lawfully entitled to use those
rules in order to stop a measure which they deem injurious. The blame
for obstruction rests with the majority, and if there is obstruction it is
because the majority permit it. The majority to which I here refer is
the party majority in control of the Chamber. They may be divided on
a given measure, but they, and they alone, are responsible for the gen
eral conduct of business. They, and they alone, can secure action and
Initiate proceedings to bring the body whose machinery they control to
a vote. The long delay on the repeal of the purchasing clause of the
silver act of 1890 has been due, without any reference to their internal
divisions on the pending question, solely to the Democratic majority
as a whole in full control of the Chamber and of the machinery of
legislation. There never was a time when they could not have brought
about a vote with the assistance of the Chair, whose occupant was also
of their party, if, as a party, they had only chosen to do so.
No further argument is, I think, needed to show the necessity of
some rule which, after allowing the most liberal latitude of debate, will
yet enable the majority of the Senate to compel a vote. The prospects,
however, of any such change are not very promising.
It is not prob
able that any form of closure will be adopted by the Senate for some
time to come.
It will certainly never be attained unless the popular
demand for it is not only urgent but intelligent. Newspapers and peole generally have a way of rising up and demanding that filibustering
e put down and closure enforced whenever- some measure in which
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61
they are specially Interested at the moment Is obstructed. On the other
hand, filibustering is often regarded as very patriotic by people who do
not want a given measure to pass. Many of the newspapers, for ex
ample, which have been shouting themselves hoarse over the obstruc
tion to silver repeal in the Senate, loudly applauded precisely the same
methods of obstruction when directed against the Federal elections bill a
few years ago.
It is this fact which takes all weight from the de
mands of the most vociferous shouters for action at the present time.
Obstruction must be always good and proper or always bad and im
proper.
It can not be sometimes good and sometimes bad as a prin
ciple of action. If the power to close debate is righteous for one meas
ure it is righteous for a l l ; and until that principle is accepted there is
no possibility of reform. For example, the Democratic majority in the
Senate refuses to change the rules in order to pass silver repeal. They
can not, then, go on and introduce closure to pass the Federal elections
bill and the tariff. They must apply closure to all or none.
The only way in which proper rules for the transaction of business
in the Senate can be obtained will be through the action of a party
committed as a party to the principle that the majority must rule, and
that the parliamentary methods of the Senate must conform to that
principle. The change must also be made at the beginning of the ses
sion, so as to apply to all measures alike which are to come before Con
gress, and it must be carried and established on its own merits as a
general principle of government and not to suit a particular exigency.
Whenever this reform is made it will come and it can come only in this
way.
H e n b y C a b o t L odge .
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