Felt’s Parliamentary Procedure/Points of Order
POINTS OF ORDER.
32. Every member of an assembly has the right to require in order, in accordance with parliamentary usage and its own rules. Therefore, when any rule of the assembly or of parliamentary law is violated, or when any member is not speaking to the question, or is guilty of indecorum in debate, or, in fact, whenever the procedure varies from the regular order, the means provided for adjusting such irregularity or correcting mistakes in the method of procedure is to rise to a point of order. The raising of the point suspends proceedings until the question of order is decided.
A question of order (provided it is made at once) takes precedence over all other business, except questions of privilege (87); delay in making the point renders it inadmissible; if, however, there was confusion in the assembly so that the member desiring to raise the question could not be heard, the fact that he had risen and endeavored to secure recognition saves all rights.
33. The form is, “Mr. Chairman, I rise to a point of order.” The speaker, if any, should remain silent until the point of order is decided. ([1]Note to 34.) The member making the point is then asked by the chair to state his point of order, which he does. After the member states his point, the chair, with or without debate (at the option of the chair), decides whether the point is, or is not, well taken. This decision is subject to an appeal to the assembly. The chair is not compelled to give the reason for his decision, but he may do so to satisfy the member or the assembly.34. A point of order should not be raised until the question is fully before the assembly, i. e., until it has been stated by the presiding officer, since it is the presiding officer's first privilege to rule it out of order, but if he fails to do so any member may even interrupt a speaker to make the point. After the point of order is raised it is not amendable or debatable. If, however, the chair is in doubt he may ask the advice of members before deciding the point (this advice should not partake of the nature of debate) and the chair may at any time put an end to the discussion by rendering his decision; or, if the chair is unwilling to assume the responsibility of the decision, he may at once submit it to a vote of the assembly. But if an appeal (124) from the decision of the chair on a point of order is taken the merits of the point of order may be fully debated under the appeal. (See, also, 95b.)
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- ↑ Note—Some authorities hold that the speaker, if any, should be seated; but as this would be practically yielding the floor before the decision of the chair, and might be so construed by the chairman and members, it is deemed sufficient if the member remains standing and silent until the point is decided.