61st Cong., 3d sess.] The general pension appropriation bill being under consideration, MARCH 2, 1911. The VICE PRESIDENT (Mr. Sherman). The Senator from West Virginia offers an amendment to the bill, which will be stated. The SECRETARY. It is proposed to add to the bill the following: That any person who served ninety days or more in the military or naval service of the United States during the late Civil War, or sixty days in the War with Mexico, and who has been honorably discharged therefrom, and who has reached the age of sixty-two years or over, shall, upon making proof of such facts according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the pension roll and be entitled to receive a pension as follows: In case such person has reached the age of sixty-two years, $15 per month; sixty-five years, $20 per month; seventy years, $25 per month; seventy-five years or over, $30 per month; and such pension shall commence from the date of the filing of the application in the Bureau of Pensions after the passage and approval of this act: Provided, That pensioners who are sixty-two years of age or over, and who are now receiving pensions under existing laws, or whose claims are pending in the Bureau of Pensions, may, by application to the Commissioner of Pensions, in such form as he may prescribe, receive the benefits of this act, etc. The VICE PRESIDENT (Mr. Sherman). The question is on agreeing to the amend ment. Mr. LODGE. Mr. President, I make the point of order that it is general legislation. The VICE PRESIDENT (Mr. Sherman). The Senator from Massachusetts raises the point of order against the amendment that it is general legislation. * * * * * The bill under consideration is a general appropriation bill, to which the Senator from West Virginia [Mr. Scott] offers an amendment that is substantially a bill which he has heretofore reported from the Committee on Pensions. The Senator from Massachusetts [Mr. Lodge] invokes in opposition to the amendment the third clause of Rule XVI, which reads: "No amendment which proposes general legislation shall be received to any general appropriation bill.” The Senator from Kansas [Mr. Curtis] suggests that the Chair shall submit the proposition of order to the Senate under the second clause of Rule XX. The Chair assumes that that clause of Rule XX was 'ntended to cover a case where the Chair might possibly have some doubt as to the question of order. In this instance it is so clear to the Chair that the amendment is a legislative provision that the Chair feels constrained not to comply with the request of the Senator from Kansas, but to decide the question as a matter of procedure having nothing to do with the merits, as an amendment which can not be received when the rule is invoked against it. The Chair therefore sustains the point of order. (See Cong. Record, pp. 3869, 3870, 3871.) 3. AMENDMENT MADE IN COMMITTEE OF THE WHOLE MAY BE LAID ON THE TABLE. 46th Cong., 3d sess.; J., p. 231.] FEBRUARY 9, 1881. Mr. Harris (Presiding Officer) decided that an amendment to the pension appropriation bill made in the Committee of the Whole in the Senate could be laid on the table. On appeal the decision of the Chair was sustained. The amendment was laid on the table; yeas 27, nays 18. (See Cong. Record, p. 1376.) 13. POST OFFICE. 1. Not open to debate during the first reading. IN ORDER 2. For overland mail service. 3. Not a private claim. 4. Relevant. 5. Germane and not general legislation. 6. Not general legislation. 7. Not general legislation estimated for, but not referred to a committee one day before being offered. 8. Not general legislation and having been referred to the committee one day prior to being proposed. 9. An amendment to appropriation bill in the same terms as the words in the reported amendment proposed to be stricken out in order. 10. Objected to as a private claim. 11. Private claim. NOT IN ORDER 12. General legislation. 13. General legislation and not estimated for, nor reported by a standing committee. 14. Not moved by direction of a standing or select committee, and not estimated for. 15. Creates additional liability. 1. NOT OPEN TO DEBATE DURING THE FIRST READING. 61st Cong., 3d sess.] MARCH 2, 1911. During the consideration of the Post Office appropriation bill: The VICE PRESIDENT (Mr. Sherman). The regular order, which has been demanded, is the reading of the bill. It can not be interrupted by debate. If the Senator from Missouri rises to a parliamentary inquiry, the Chair will be very glad to hear him. Mr. STONE. Well, I will make a parliamentary inquiry. The VICE PRESIDENT (Mr. Sherman). The Senator will please state it. Mr. STONE. When the bill is being read the first time, do I understand the Chair to say that it is not open to debate? The VICE PRESIDENT (Mr. Sherman). It is not open to debate during the first reading. At the conclusion of the reading it is. (See Cong. Record, p. 3877.) IN ORDER. 2. FOR OVERLAND MAIL SERVICE. 34th Cong., 1st sess.; J., pp. 616, 617.] AUGUST 16, 1856. Post Office appropriation bill under consideration. Mr. Weller moved an amount for a semiweekly mail service from Mississippi River to California. Question of order submitted to Senate; yeas 27, nays 14; and decided in order. (See Cong. Globe, pp. 2201, 2203.) 3. NOT A PRIVATE CLAIM. 34th Cong., 3d sess.; J., p. 271.] FEBRUARY 27, 1857. Post Office appropriation bill; amendment that Postmaster General be, and he is hereby, authorized to reexamine and adjust all questions arising out of fines imposed upon contractors for carrying the mails upon the Mississippi River. President pro tempore (Mr. Mason) ruled it in order under Rule 30 as not being a private claim. (See Cong. Globe Appendix, pp. 298-303.) 34th Cong., 3d sess.; J., pp. 272-274.] FEBRUARY 27, 1857. Other amendments to the same bill were proposed and ruled in order under Rule 30 as not private claims, and all the amendments were concurred in in the Senate. (See Cong. Globe Appendix, pp. 306, 307.) 4. RELEVANT. 42d Cong., 2d sess.; J., p. 679.] MAY 7, 1872. Post Office appropriation bill being under consideration, Mr. Casserly moved to amend the bill as follows: SEC. 2. That the Postmaster General is hereby authorized and directed to contract with the parties owning and representing the United States, New Zealand, and Australian mail steamship line, or with any party or parties, etc., to extend the service now existing for the transportation of mails between San Francisco and the Sandwich Islands to New Zealand and Australia, etc. A question of order was raised by Mr. Chandler, whether the amendment was in order under the last clause of the resolution of the Senate of April 29 last, which requires that all amendments shall directly relate to the appropriation contained in the bill. The Vice President (Mr. Colfax) submitted the question of order to the Senate, Does the proposed amendment directly relate to the appropriation contained in the bill?-yeas 31, nays 19; so the amendment was in order. (See Cong. Globe, pp. 3136-3138.) 5. GERMANE AND NOT GENERAL LEGISLATION. 42d Cong., 3d sess.; J., pp. 436, 437.] FEBRUARY 22, 1873. An amendment was proposed authorizing and directing the Postmaster General to extend the existing contract for mail steamship service between the ports of San Francisco and Honolulu to some port or ports in Australia and New Zealand, touching at Honolulu, etc. Mr. Edmunds raised the question of order that the amendment could not be received under the resolution of the Senate of the 15th instant which requires that the amendment shall directly relate to an appropriation contained in the bill. The Presiding Officer (Mr. Ferry in the chair) overruled the point of order and decided that the amendment was in order under the said resolution. On appeal the decision of the Chair was sustained by laying the appeal on the table; yeas 27, nays 26. (See Cong. Globe, pp. 1615-1619.) 45th Cong., 3d sess.; J., pp. 318, 319.] FEBRUARY 19, 1879. The Senate having under consideration the bill (H. R. 6143) making appropriations for the Post Office Department, on the question to agree to the reported amendment to establish ocean steamship service between the United States and Brazil, Mr. Beck raised the question of order, viz: That the amendment was not germane to the subject matter contained in the bill and could not properly be included in it. The Presiding Officer (Mr. Rollins in the chair) having submitted the question to the Senate, Is the amendment reported by the committee, so far as being germane to the subject matter of the bill, in order? it was determined in the affirmative; yeas 39, nays 23. (See Cong. Record, pp. 1578, 1579.) Ib., J., p. 319.] FEBRUARY 19, 1879. Whereupon Mr. Edmunds raised a question of order that the amendment proposed general legislation to a general appropriation bill, and could not be received under the first clause of the twenty-ninth rule. Question submitted to the Senate, Is the amendment in order? and determined in the affirmative; yeas 33, nays 26. (See Cong. Record, pp. 1579, 1587.) 6. NOT GENERAL LEGISLATION. 44th Cong., 2d sess.] FEBRUARY 21, 1877. The Senate decided that a proposed amendment to an amendment to the postal appropriation bill was not in violation of the rule which provides that no general legislation shall be incorporated into an appropriation bill. Also, the Chair (Mr. Ferry, President pro tempore) ruled that "in Committee of the Whole the Senate agreed to a certain amendment and like service embraced in the amendment of the Senator from Kansas. Therefore it is not a new proposition. The amount is not increased, nor is the nature of the service changed. The point of order was not made in Committee of the Whole, and it is too late to make it now." (See Cong. Record, p. 1743.) 46th Cong., 3d sess.; J., p. 238.] FEBRUARY 10, 1881. The Presiding Officer (Mr. Harris) ruled that an amendment to the Post Office appropriation bill "for additiona mail service to foreign countries," etc., was general legislation and therefore not in order under Rule 29. (See Cong. Record, pp. 1412, 1415.) Ib.; J., p. 242.] FEBRUARY 11, 1881. Senate overruled the above decision by-yeas 15, nays 29. (See Cong. Record, p. 1467.) 47th Cong., 2d sess.; J., pp. 224, 225.] JANUARY 20, 1883. The Post Office appropriation bill being under consideration, the President pro tempore (Mr. Davis) decided that an amendment changing in form certain legislation contained in the bill did not in substance propose legislation thereto, and was in order, and on appeal the decision of the Chair was sustained. (See Cong. Record, pp. 1376-1379.) 48th Cong., 2d sess.; J., p. 352.] FEBRUARY 23, 1885. H. R. 8138. The Post Office appropriation bill for fiscal year ending June 30, 1886, being under consideration, Mr. Frye submitted an amendment to strike out lines 174, 175, 176 and in lieu thereof insert the following: For transportation of foreign mails, including railway transit across the Isthmus of Panama, $800,000, etc. Mr. Bayard raised a question of order, that the amendment proposed general legislation on an appropriation bill. The President pro tempore (Mr. Edmunds) submitted the question to the Senate, Is the amendment in order under the sixteenth rule? and it was determined in the affirmative; yeas 33, nays 20. (See Cong. Record, pp. 2016-2023.) 49th Cong., 1st sess.; J., p. 663.] APRIL 30, 1886. The Post Office appropriation bill being under consideration, an amendment, reported from the Committee on Appropriations, for transportation of foreign mails, etc., was decided by the President pro temporę (Mr. Sherman) not to be general legislation on a general appropriation bill under clause 3, Rule 16. (See Cong. Record, 49th Cong., 1st sess., p. 4021.) An appeal was laid on the table-yeas 30, nays 17. (J., pp. 663, 664. See Cong. Record, p. 4022.) MARCH 2, 1891. 51st Cong., 2d sess.; J., p. 205.] February 28, 1891 (Journal, p. 198).-The Presiding Officer (Mr. Platt in the chair) decided an amendment to the Post Office appropriation bill, reported from Committee on Commerce, for "an additional provision for the transportation of foreign mails" was not general legislation on a general appropriation bill. An appeal was taken. (See Cong. Record, p. 3574.) Appeal laid on the table. (See Cong. Record, p. 3639.) 24143°-S. Doc. 1123, 62—3—10 56th Cong., 2d sess.; J., p. 193.] FEBRUARY 20, 1901. On motion by Mr. Mason to amend the bill by inserting on page 16, after line 4, the following: For transportation of mail by pneumatic tube or other devices, by purchase or otherwise, for maintenance and extension in cities having the system, and for establishing the system in Chicago, $500,000: Provided, That all contracts hereafter to be made shall first be advertised publicly for proposals in the manner now provided by law for advertising contracts for carrying mails, and shall only be made after and upon the approval of a board of three engineers, one of whom shall be appointed by the Secretary of the Treasury from the Treasury Deparment, one by the Secretary of the Navy from the Navy Department, and one by the Postmaster General, who shall be some engineer known for skill and experience in such matters: And further provided, That all contracts hereafter to be made shall contain a stipulation that the United States may acquire by purchase any system constructed or to be constructed under such contract upon the payment to the owner of such system of the value thereof, to be determined by a board of three appraisers, one of whom shall be selected by such owner, another to be appointed by the Postmaster General, and the third by mutual agreement, or, in case of disagreement, by the judge of the district court of the United States for the district in which such system is located. Said appraisers in determining such price shall award and determine the actual structural value of said system, considering the use for which the same was designed, and may also take into account the earning power of such system. The Postmaster General is directed to investigate and report what, if any, extra charge should be made by the Government to the citizen for the use of pneumatic tube. Mr. Hale raised a question of order, viz: That the amendment proposed general legislation to a general appropriation bill, and was therefore not in order under the third clause of Rule 16. The President pro tempore (Mr. Frye) submitted the question to the Senate, Is the amendment in order?-yeas 55, nays 16. (See Cong. Record, pp. 2685-2694.) 61st Cong., 3d sess.] MARCH 3, 1911. The SECRETARY. The next committee amendment passed over is, on page 35, to strike out from line 5, down to and including the word "dollars," in line 18, and in lieu thereof to insert: For pay of rural letter carriers, substitutes for rural letter carriers on annual leave, clerks in charge of rural stations and rural branch post offices, tolls and ferriage for rural letter carriers, and for inland transportation by star routes (excepting in Alaska), including temporary service to newly established offices, $49,907,000. Mr. Bankhead raised a question of order that the amendment was general legislation. The Vice President (Mr. Sherman) overruled the point of order, saying: "The Chair has overruled the point of order, and the Chair thinks he can state his reasons therefor so that it will be perfectly clear to all Senators that he is right. ner. "There is no legislative provision whatever in this amendment. It is a matter of no consequence whether 2 books or 22 books are used in keeping track of the money that is expended in the department. It is a matter of no consequence whether each section of the department expends this money and keeps a record thereof in a different manThe one question, under the rules of the Senate, is to determine whether this is a legislative proceeding. Clearly it is simply a provision appropriating money for the maintenance of various arms of the service for the next fiscal year. It will be disbursed in accordance with law and in no other way. This makes no law, but simply makes an appropriation. I am speaking now of the provisions down to and including line 25, on page 36, not the other amendment. That presents a different question." (See Cong. Record, pp. 4092, 4093, 4094.) |
