[p156]
][298]. The chairman named by the presiding officer is generally acquiesced in by the committee; though, like all other committees, a committee of the whole have a right to elect a chairman for themselves, some member, by general consent, putting the question.
[299]. The same number of members is necessary to constitute a quorum of a committee of the whole, as of the assembly; and if the members present fall below a quorum, at any time, in the course of the proceedings, the chairman, on a motion and question, rises,—the presiding officer thereupon resumes the chair,—and the chairman informs the assembly (he can make no other report) of the cause of the dissolution of the committee.
[300]. When the assembly is in committee of the whole, it is the duty of the presiding officer to remain in the assembly-room, in order to be at hand to resume the chair, in case the committee should be broken up by some disorder, or for want of a quorum, or should rise, either to report progress, or to make their final report upon the matter committed to them.
[301]. The clerk of the assembly does not [p157] ]act as clerk of the committee (this is the duty of the assistant clerk in legislative bodies), or record in his journal any of the proceedings or votes of the committee, but only their report as made to the assembly.
[302]. The proceedings in a committee of the whole, though, in general, similar to those in the assembly itself, and in other committees, are yet different in some respects, the principal of which are the following:—
[303]. First. The previous question cannot be moved in a committee of the whole. The only means of avoiding an improper discussion is, to move that the committee rise; and, if it is apprehended, that the same discussion will be attempted on returning again into committee, the assembly can discharge the committee, and proceed itself with the business, keeping down any improper discussion by means of the previous question.[Footnote 39] ]
[304]. Second. A committee of the whole cannot adjourn, like other committees, to some other time or place, for the purpose of [p158] ]going on with and completing the consideration of the subject referred to them; but if their business is unfinished, at the usual time for the assembly to adjourn, or, for any other reason, they wish to proceed no further at a particular time, the form of proceeding is, for some member to move that the committee rise,—report progress,—and ask leave to sit again; and, if this motion prevails, the chairman rises,—the presiding officer resumes the chair of the assembly,—and the chairman of the committee informs him that the committee of the whole have, according to order, had under their consideration such a matter, and have made some progress therein;[Footnote 40] ] but, not having had time to go through with the same, have directed him to ask leave for the committee to sit again. The presiding officer thereupon puts a question on giving the committee leave to sit again, and also on the time when, the assembly will again resolve itself into a committee. If leave to sit again is not granted, the committee is of course dissolved.
[305]. Third. In a committee of the whole, every member may speak as often as he [p159] ]pleases, provided he could obtain the floor; whereas in the assembly itself, no member can speak more than once.
[306]. Fourth. A committee of the whole cannot refer any matter to another committee; but other committees may and do frequently exercise their functions, and expedite their business by means of sub-committees of their own members.
[307]. Fifth. In a committee of the whole, the presiding officer of the assembly has a right to take a part in the debate and proceedings, in the same manner as any other member.