The Governments of Europe. Frederic Austin Ogg

or other rooms adjoining. The front bench at the upper end of the aisle, at the right of the Speaker, is known as the Treasury Bench and is reserved for members of the Government. The corresponding bench at the Speaker's left is reserved similarly for the leaders of the Opposition. In so far as is possible in the lack of a definite assignment of seats, members of avowed party allegiance range themselves behind their leaders, while members of more independent attitude seek places below the gangway. "The accident that the House of Commons sits in a narrow room with benches facing each other, and not, like most continental legislatures, in a semi-circular space, with seats arranged like those of a theatre, makes for the two-party system and against groups shading into each other."[170]

      The hall occupied by the Lords is smaller and more elaborately decorated than that occupied by the Commons. It contains cross benches, but in the main the arrangements that have been described are duplicated in it. For social and ceremonial purposes there exists among the members a fixed order of precedence.[171] In the chamber, however, the seating is arranged without regard to this order, save that the bishops sit in a group. The Government peers occupy the benches on the right of the woolsack and the Opposition those on the left, while members who prefer to remain neutral take their places on the cross benches between the table and the bar.<[172]

      II. Organization of the House of Commons

      123. Hours of Sittings.—In the seventeenth century the sittings of the Commons began regularly at 8.30 or 9 o'clock in the morning and terminated with nightfall. In the eighteenth century, and far into the nineteenth, they were apt to begin as late as 3 or 4 o'clock in the afternoon and to be prolonged, at least not infrequently, until toward daybreak. In 1888, however, a standing order fixed midnight as the hour for the "interrupting" of ordinary business, and in 1906 the hour was made 11 o'clock. Nowadays the House meets regularly on Mondays, Tuesdays, Wednesdays, and Thursdays at 2.45 and continues in session throughout the evening, the interval formerly allowed for dinner having been abolished in 1906. On Fridays, set apart, until late in the session, for the consideration of private members' bills, the hour of convening is 12 o'clock. At sittings on days other than Friday the first hour or more is consumed usually with small items of formal business and with the asking and answering of questions addressed to the ministers, so that the public business set for the day is reached at approximately 4 o'clock.[173]

      124. Officers.—The principal officers of the House are the Speaker, the Clerk and his two assistants, the Sergeant-at-Arms and his deputies, the Chaplain, and the Chairman and Deputy Chairman of Ways and Means. The Clerk and the Sergeant-at-Arms, together with their assistants, are appointed for life by the crown, on nomination of the premier, but the Speaker and the Chairman and Deputy Chairman of Ways and Means are elected for a single parliament by the House.[174] All save the Chairman and his deputy are, strictly, non-political officers. The Clerk signs all orders of the House, indorses bills sent or returned to the Lords, reads whatever is required to be read during the sittings, records the proceedings of the chamber, and, with the concurrence of the Speaker, supervises the preparation of the official Journal. The Sergeant-at-Arms attends the Speaker, enforces the House's orders, and presents at the bar of the House persons ordered or qualified to be so presented. The Chairman of Ways and Means (in his absence the Deputy Chairman) presides over the deliberations of the House when the body sits as a committee of the whole[175] and exercises supervision over private bill legislation. Although a political official, he preserves, in both capacities, a strictly non-partisan attitude.

      125. The Speakership.—The speakership arose from the need of the House when it was merely a petitioning body for a recognized spokesman, and although the known succession of Speakers begins with Sir Thomas Hungerford, who held the office in the last parliament of Edward III. (1377), there is every reason to suppose that at even an earlier date there were men whose functions were substantially equivalent. The Speaker is elected at the beginning of a parliament by and from the members of the House, and his tenure of office, unless terminated by resignation or death, continues through the term of that parliament. The choice of the House is subject to the approval of the crown; but, whereas in earlier days the king's will was at this point very influential, the last occasion upon which a Speaker-elect was rejected by the crown was in 1679. Though nominally elected, the Speaker is in fact chosen by the ministry, and he is pretty certain to be taken, in the first instance, from the party in power. During the nineteenth century, however, it became customary to re-elect a Speaker as long as he should be willing to serve, regardless of party affiliation.

      126. The Speaker's Functions and Powers.—The functions of the Speaker are regulated in part by custom, in part by rules of the House, and in part by general legislation. They are numerous and, in the aggregate, highly important. The Speaker is, first of all, the presiding officer of the House. In this capacity he is a strictly non-partisan moderator whose business it is to maintain decorum in deliberations, decide points of order, put questions, and announce the result of divisions. The non-partisan aspect of the English speakership sets the office off in sharp contrast with its American counterpart. "It makes little difference to any English party in Parliament," says Mr. Bryce, "whether the occupant of the chair has come from their own or from hostile ranks. … A custom as strong as law forbids him to render help to his own side even by private advice. Whatever information as to parliamentary law he may feel free to give must be equally at the disposal of every member."[176] Except in the event of a tie, the Speaker does not vote, even when, the House being in committee, he is not occupying the chair. In the second place, the Speaker is the spokesman and representative of the House, whether in demanding privileges, communicating resolutions, or issuing warrants. There was a time when he was hardly less the spokesman of the king than the spokesman of the Commons, but the growth of independence of the popular chamber enabled him long ago to cast off this dual and extremely difficult rôle. The Speaker, furthermore, declares and interprets, though he in no case makes, the law of the House. "Where," says Ilbert, "precedents, rulings, and the orders of the House are insufficient or uncertain guides, he has to consider what course would be most consistent with the usages, traditions, and dignity of the House, and the rights and interests of its members, and on these points his advice is usually followed, and his decisions are very rarely questioned. … For many generations the deference habitually paid to the occupant of the chair has been the theme of admiring comment by foreign observers."[177] Finally, the fact should be noted that by the Parliament Act of 1911 the Speaker is given sole power, when question arises, to determine whether a given measure is or is not to be considered a money bill.[178] Upon his decision may hinge the entire policy of the Government respecting a measure, and even the fate of the measure itself. The Speaker's symbol of authority is the mace, which is carried before him when he formally enters or leaves the House and lies on the table before him when he is in the chair. He has an official residence in Westminster, and he receives a salary of £5,000 a year which is paid from the Consolidated Fund, being on that account not subject to change when the annual appropriation bills are under consideration. At retirement from office a Speaker is likely to be pensioned and to be elevated to the peerage.[179]

      127. Quorum.—As fixed by a resolution of 1640, a quorum for the transaction of business in the Commons is forty. If at any time during a sitting the attention of the Speaker is directed to the fact that there are not forty members present, the two-minute sand-glass which stands upon the Clerk's table is inverted and the members are summoned from all portions of the building as for a division. At the close of the allotted two minutes the Speaker counts the members present, and if there be not forty the House adjourns until the time fixed for the next regular sitting. Except upon occasions of special interest, the number of members actually occupying the benches is likely to be less than two hundred, although most of the remaining members are within the building or, in any case, not far distant.

      128. Kinds of Committees.—Like all important and numerous legislative bodies, the House of Commons expedites the transaction of the business which devolves upon it through the employment of committees. As early as the period of Elizabeth the reference of a bill, after its second reading, to a select committee was an established practice, and in the reign of Charles I. it became not uncommon to refer measures to committees of the whole house. The committees of the House to-day may be grouped in five categories: (1) the Committee