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Both must be reported to the assembly; the disorderly words being written down as when occurring in the assembly itself.*

58. When a subject is referred to a committee, is it left with them to treat it as they please?

A committee may be instructed, or directed in relation to the subject committed to their charge, or not, at the pleasure of the assembly. But, if left without instructions as to the duties assigned them, they have the right to treat the matter entirely according to their own judgment, and to report to the assembly upon it in whatever manner they deem expedient.

59. What is the course pursued in relation to papers before a committee?

The course pursued in relation to papers is, in general, the same as that adopted in the assembly. The paper is first read through by the Secretary or the Chairman; then it is again read by the Chairman, by paragraphs or sections; he pausing, at proper intervals, to hear and put to the vote the amendments, if any, that may be offered by members. This being done, if the paper is one that has originated with the committee, the question is then taken upon the whole document, as amended or unamended.

If, however, the paper is not original with the committee, but is one that has been merely submitted for amendment, the question upon the adoption, or rejection of the whole is not, of course, to be taken; for that, as well as the amendment proposed by the committee, belongs ultimately to the assembly itself.

* See page 124.

60. Suppose the committee should be opposed to the paper altogether, what is to be done?

In the event of a committee being entirely opposed to a paper submitted for amendment, their course is to report it back to the assembly unamended, with the reasons therefor, if thought desirable, and then, not as members of the committee, but as members of the body at large, make what opposition to it they see fit.

61. Is a committee at liberty to alter, by way of amendment, or otherwise, the subject-matter under consideration?

No committee is allowed to alter the subject under deliberation, their duty being confined strictly to a consideration of its nature and bearings.

When the subject is referred with instructions, the instructions must, of course, be strictly obeyed.

62. Is a committee at liberty to erase, interline, or otherwise mark over a paper under their consideration?

A committee is, of course, at liberty to erase, interline, or otherwise mark any paper originating with themselves.

But, in the case of a paper submitted by the assembly, they have no right to mark, or deface it in any way, or for any purpose whatever. If they agree to propose amendments or alterations, these must be put on a separate piece of paper, and the places where it is proposed to insert them, designated by the proper line, page, paragraph, or section of the original document.

The committee may, however, if they please, report their amendment in the form of a new draft of the

original paper, with the amendments duly made and inserted. This, in fact, where the alterations are minute or numerous, is decidedly the best way.

63. Supposing a difference of opinion to exist among the members of a committee, have the minority a right to bring in a counter report?

The reception of a report from the minority of a committee is conceded rather as a favor than as a right. This is done, though not strictly in order, partly out of courtesy, and partly for the sake of a more full development of the matter in dispute.

*

* On the subject of Minority Reports, Mr. Cushing very justly says:—“The report of a committee being the conclusion which is agreed to by a majority of the members, the dissenting, or not-agreeing members, according to strict parliamentary practice, would have no other mode of bringing their views before the assembly than as individual members. Inasmuch, however, as such members may be supposed to have given the subject equal consideration with the other members of the committee, and may, therefore, be in possession of views and opinions equally worthy of the attention of the assembly, the practice has become general in the legislative assemblies of this country, to allow members in the minority to present their views and conclusions in the parliamentary form of a report, which is accordingly known by the somewhat incongruous appellation of a minority report. Any two, or more of the members may unite in such a report, or each one of them may express his views in a separate document.

"A minority report is not recognized as a report of the committee, or acted upon as such; it is received by courtesy, and allowed to accompany the report, as representing the opinions of the minority; and, in order to its being adopted by the assembly, it must be moved as an amendment to the report, when that comes to be considered."

For more on this subject, see page 116.

COMMITTEE OF THE WHOLE.

64. What is a committee of the whole?

A committee may consist, according to the pleasure of the assembly, of one member only, of a number of members, or of the entire body. A committee embracing the entire body, is called a committee of the whole.

65. What is the use of a committee of the whole?

There are times when it is best for the whole assembly, unfettered by certain parliamentary restraints, to deal with a subject after the manner adopted in ordinary committees. In such cases, it is usual for the body to resolve itself into a committee of the whole.

66. What is the form employed in resolving an assembby into a committee of the whole?

The form employed in resolving an assembly into a committee of the whole, is this: A member rises in his place, and moves, "that the assembly do now resolve itself into a committee of the whole, to take under consideration the subject" (whatever it is); and this being seconded, the question is put to vote by the presiding officer.

If decided in the affirmative, the President, after announcing the result, resigns the chair to whomsoever is named, or appointed to act as chairman of the committee, and then takes part, like other members, in the matters under deliberation.

67. How is the Chairman of the committee of the whole appointed?

Immediately after the passage of a resolution to go

into a committee of the whole, it is usual for the President of the assembly to name, or designate a member to act as chairman of the committee.

This he does either in virtue of some special rule or in accordance with established custom: if in virtue of a rule, the person so named, or designated is thereby appointed: if merely in compliance with custom, the appointment may, or may not be acquiesced in according to the will of the members.

If, therefore, on going into a committee of the whole, the presiding officer, in conformity with usage, but without the authority of a special rule, assigns to a member the chairmanship of the committee, if no one objects all is right, and the appointment is valid; but if objection be made, a chairman must be appointed by a regular vote.

68. Is the election, in such case, to be made by a vote of the members acting in the capacity of a committee, or in that of the assembly proper?

If, as supposed in the preceding answer, the appointment of a chairman by vote becomes necessary, it must be by a vote of the assembly as such: the presiding officer resuming the chair in order to put the question.*

* Jefferson, in his Manual (Section xii.), says, that, where the appointment is to be made by vote, committees of the whole "have a right to elect one; some member, by consent, putting the question." On this, Mr. Cushing (p. 175) says:-"The statement that, where a Chairman is to be appointed by vote, the question is to be put by some member in the committee, though laid down by Mr. Jefferson, on the authority of an old writer on parliamentary proceedings, is not sanctioned by Hatsell, or borne out by the modern practice in the British parliament."

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