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in committce, P. 386.
Chapter for an explanation from the member who had so offended,
_ required him to withdraw the words, and to apologize to
the house. See also Indecent interruptions of the debate or proceedings, in Interrupdisorder
tions in a committee of the whole house, are regarded in the same committee. light as similar disorders while the house is sitting. On the 27th February, 1810, the committee on the Expedition to the Scheldt reported that a member had misbehaved himself during the sitting of the committee, making use of profane oaths and disturbing their proceedings. Mr. Fuller, the member complained of, was heard to excuse himself; in doing which he gave great offence by repeating and persisting in his disorderly conduct; upon which Mr. Speaker called upon him by name, and he was ordered to withdraw. It was immediately ordered, nem. con., that “for his offensive words and disorderly conduct he be taken into the custody of the Serjeant.” The member further aggravated his offence by breaking from the Serjeant, and returning into the house in a very violent and disorderly manner, whence he was removed by the Serjeant and his messengers, upon an order given by the Speaker.
On the 9th June, 1852, the house being in committee, Mr. F. O'Connor interrupted the proceedings of the committee by disorderly and offensive conduct towards a member, and the chairman was directed to report the same to the house. On the Speaker resuming the chair, a motion was made that Mr. O'Connor do attend in his place forth with : but it was represented that on the previous day he had been disorderly and had apologized, and that it was fruitless to deal with him again in the same manner. While his conduct was under discussion, he twice entered the house and approached the chair of Mr. Speaker, and then withdrew. It was thus obvious to the house that he must be dealt with summarily; and it was accordingly ordered, nem. con., that for his disorderly conduct and contempt of
1 142 C. J. 211; see also com. plaints, 30th July and 2nd Aug.
1888, 143 ib. 410. 413.
: 65 ib. 134.
the house, he be taken into the custody of the Serjeant-at- Chapter
Again in committee, on the declaration of the numbers taken at a division, an interchange of insulting words between two members formed the subject of complaint: but, after an explanation, the words were mutually with
numbers being declared after a division, complaint was
1 On the 16th June he was dis- the Speaker, as a point of order, recharged, on the report of a com. garding an alleged threat uttered by mittee, that arrangements had been a member to another member in a made for his removal to a lunatic lobby, was met by the Speaker's asylum, 107 C. J. 278. 292. 301. stating that upon an occurrence in
• 13th Aug. 1890, 145 ib. 572. the lobby he declined to give an 3 132 ib. 144; 233 H. D. 3 s. 951. opinion, 5th July, 1881, 263 H. D. 3
* 317 ib. 1167; 142 C. J. 377. 389. S. 50. On a former occasion, an appeal to
Chapter In the enforcement of all these rules for maintaining Authority XII. order, the Speaker of the House of Lords has no more Lords.
of Speaker. authority than any other peer, except in so far as his own personal weight, and the dignity of his office, may give
effect to his opinions, and secure the concurrence of the
of an opposite party; and that an irregular argument is
had been taken. Duties of In so large and active an assembly as the House of Commons. see p. 192. Commons, it is absolutely necessary that the Speaker Question of should be invested with authority to repress disorder, p. 323. . and to give effect, promptly and decisively, to the rules
and orders of the house. The ultimate authority upon
immediately checked by the Speaker; in other cases, Question of if his attention is directed to a point of order at the Point of order
order to during a proper moment, namely, the moment when the alleged be rais
o violation of order occurred, he at once gives his decision, fort
and calls upon the member who is at fault, to conform
1 22nd March, 1872, 210 H. D. 3 s. 534 ; 20th June, 1879, 247 ib. 325. See
also Mr. Speaker Denison's Diary,
in all doubtful matters this course is adopted by the Chapter Speaker.?
XII. Speaker Whenever the Speaker rises to interpose, in the course Motions on always to
of a debate, he is to be heard in silence,” and the member Seaker's
cries of.“ order” and “chair."
order No. 18, session 1882, “Suspension of members ” (see member to p. 340), and by standing order No. 20, session 1888, which withdraw from the empowers the Speaker or the chairman * to order a member
whose conduct is grossly disorderly to withdraw immeS. 0. 18, Appendix I. diately from the house during the remainder of that day's
sitting; 5 or if the Speaker or the chairman deems that the
deal with the offence, he may, in accordance with standing
Members ordered to withdraw in pursuance of this
standing order, or who are suspended from the service
withdraw forthwith from the precincts of the house,
bill committees. Members It is a rule in both houses, that when the conduct of a With
drawal, draw when mende
member is under consideration, he is to withdraw during the personal their con
interest in duct is
a vote, see under de 11 C. J. 187; 2 Lord Colchester's to the chair during the progress of p. 378. Diary, 141.
a division, 155 ib. 380. 2 1 C. J. 244.
6 The area within the walls of the 3 49 Parl. Deb. 4 s. 122.
palace of Westminster compose the
parliamentary precincts. Answer
debate. The practice is to permit him to learn the charge against him, and, after being heard in his place, for him to withdraw from the house. The precise time at which he should withdraw is determined by the nature of the charge. When it is founded upon reports, petitions, or other docu. ments, or words spoken and taken down, which sufficiently explain the charge, it is usual to have them read, and for the member to withdraw before any question is proposed. But if the charge be contained in the question itself, the member is heard in his place, and withdraws after the question has been proposed; as in the cases of Mr. Secretary Canning, in 1808 ; ? and of Lord Brudenell, in 1836.8 If the member should neglect or refuse to withdraw, at the proper time, the house would order him to withdraw. Thus, in the Lords, Lord Pierpoint, in 1641, and Lord Herbert of Cherbury, in 1642,4 were commanded to withdraw; and in the Commons, in 1715, it was ordered, upon question and division, “that Sir W. Wyndham do now withdraw." 5 When a member's conduct has not been directly impugned by the form of the question, he has continued in the house and voted.
When Mr. John Bright, 18th June, 1883, had been heard in reply to a motion that words he had uttered amounted to a breach of privilege, the Speaker reminded him that he should withdraw. Mr. Bright, however, expressed a wish to remain in his place. The Speaker ascertained the general sense of the house, and Mr. Bright's withdrawal was not required.?
And, acting in like manner, when a member against whose conduct a complaint was made, having been first heard, bad withdrawn, on the expression of a desire that
" See the cases of Lord Coningesby, in 1720, 21 L. J. 450; Sir F.Burdett, in 1810, 65 C. J. 224; Sir T. Trou. bridge, in 1833, 88 ib. 470; Mr. O'Connell, in 1836, 91 ib. 42; Mr. S. O'Brien, in 1846, 101 ib. 582; Mr. Isaac Butt, in 1858, 113 ib. 68; Mr. Lever, in 1861, 116 ib. 377. 381; see also Mr. Plimsoll's case, 1873,
128 ib. 61.
2 63 ib. 149.
Mr. Stansfeld, 17th March, 1864, 174 H. D. 3 s. 340.
; 280 ib. 812; 138 C. J. 280.