at the time we considered it it was more
pressing than it is now. It makes clear the
distinction between motions and resolutions.
1 call your attention to page 4 of our report
in which we recommend that an addition to
the present Rule 40 [42], dealing with both
motions and resolutions, shall read as fol-
lows: "A motion within this rule includes
only the privileged motions listed in Rule
43 [45] or a motion of merely procedural
character, such as to take from the table,
to send to the Sergeant-at-Arms," et cetera.
I think the important point here is to
note that when a proposal, or a recommen-
dation, is made on the floor or an amend-
ment is offered on the floor to amend a
committee report or recommendation, that
is a motion and is one of the motions listed
in Rule 43. A motion to amend is a tradi-
tional motion. I think it is fairly important
to maintain the distinction because if some-
thing is offered as a resolution, it is re-
ferred to a committee. If something is
offered as a motion, it can be dealt with on
the floor. Obviously when we get to the
Committee of the Whole, you will be offer-
ing motions to amend committee reports
and they should be dealt with on the floor.
I think the whole thing was implied
under the previous rule anyway but in
order to make it crystal clear, your com-
mittee has suggested the language set forth
at page 4 of its report.
Now we have another technical sugges-
tion. Insertion of the new Rule 44A shall
read as follows: "Rule 44A [47]. Motion to
take from the table. After one session
day's notice any matter laid on the table
may be taken therefrom on. motion, pro-
vided, that business of the class of the
matter be taken from the table would then
be in order." I think there is a slight typo.
The word "to" is left out, appearing after
matter. It should read "matter to be taken
from the table."
As you will recall, there have been at
least two motions to table in the Conven-
tion that carried. One was, I believe, the
present motion on the question of the elec-
tion of vice chairmen. Someone moved some-
thing on that matter and the matter was
tabled. The second matter that was tabled
was one of the reports of this Committee
dealing with the resolution as to when mi-
nority reports had to be filed. That matter
was tabled.
Technically those matters could still be
taken from the table. Since the motion to
take from the table is undebatable, it
seemed to your Committee if such a motion |
is to be made that fair notice should be
given to the Convention so they would have
some time to consider the merits. That is
the only purpose of suggested Rule 44A
[47].
Here we come to the major recommenda-
tion of your Committee set forth at the
bottom of page 5 of the report. I think it
is important enough to read to you: "Rule
46A [50], Amendments to be Printed.. No
amendment to any committee recommenda-
tion or delegate proposal shall be considered
unless it is submitted in writing and a copy
thereof delivered to the floor desk of each
delegate prior to the time the amendment
is offered."
We had some advance indication of how
this procedure would work during the de-
bate on the first report of the Committee
on General Provisions dealing with the cre-
ation of a militia. There are a number of
ways, I suppose, one could deal with this
problem. One could have a hopper rule re-
quiring that all amendments be in the hop-
per by a certain time. This seemed unfair
to all of the Rules Committee. We could
follow the procedure of the General As-
sembly that when an amendment is offered
there is some layover time, usually a day,
but as the session proceeds layover time
might be for an hour. Again your Commit-
tee has unanimously rejected that sugges-
tion because of its built-in tendency for
delay and filibuster.
There was a suggestion that the Chair
be given discretion to determine whether .
in a particular instance an amendment had
to be printed and distributed, or whether
the majority of the delegates should have
that discretion. Again we felt that there
would be endless debate and arguments
about a particular case whether an amend-
ment should be exempted from the rule
and another delegate's proposal was not.
So we rejected all of those.
One of the reasons we did so was because
of the administrative procedures which the
president and other officers of the Conven-
tion had assured your Rules Committee
would be followed the other day in the
debate on the militia. That is that there
will be competent secretaries immediately
available, as well as staff help, to prepare,
reproduce and distribute any amendment
by any delegate. If that experience is any
indication, the procedure seemed to work
only too well. There was no problem about
getting amendments prepared, printed, and
distributed.
There is a second protection here. Under
ordinary parliamentary rules, when a mat- |
