MARCH 3, 1911. Mr. STONE. Mr. President, I offer the amendment which I send to the desk, to come in after line 25, on page 15. The VICE PRESIDENT (Mr. Sherman). The amendment will be stated. The SECRETARY. On page 15, after line 25, it is proposed to insert the following: That from and after June thirtieth, nineteen hundred and eleven, it shall be unlawful for the Post Office Department, or any officer, head of bureau, or chief of division thereof, to print or have printed, or sell or offer to sell, any stamped envelope bearing upon it a printed direction giving the name of any individual, firm, or company, or any number of any post office box or drawer, or any street number, or the name of any building to which it shall be returned if uncalled for or undelivered: Provided, That this shall not apply to those envelopes printed with a return card left blank as to name, address, box, drawer, street number, or building, and which only give the name of the town or city, with the State, District, or Territory. Mr. BURTON. Mr. President, I raise the point of order against that amendment. It is contrary to the existing law and is general legislation. The VICE PRESIDENT (Mr. Sherman). The point of order is sustained. It is a provision of general legislation. (See Cong. Record, p. 4104.) AMENDMENT BY MR. M'CUMBER. MARCH 3, 1911. The VICE PRESIDENT (Mr. Sherman). The amendment will be stated. The SECRETARY. On page 36, after line 5, it is proposed to insert the following: That on and after July first, nineteen hundred and ten, all rural carriers now serving daily routes of twenty-four miles or more shall receive as compensation for such service the sum of $1,200 per annum, payable in equal monthly installments; those serving daily routes of less than twenty-four miles shall receive as compensation such proportion of $1,200 as the miles of the routes served by them bear to twenty-four miles: Provided, That fractions of one mile shall not be considered in fixing such salary: And provided further, That no compensation shall be less than $600. Mr. PENROSE. Mr. President, I simply desire to state that the provision in the bill as passed by the House increasing the salaries of rural carriers adds about $4,000,000 to the expense of this service and this amendment would add $12,000,000 more. I raise the point of order that the amendment proposes general legislation. The VICE PRESIDENT (Mr. Sherman). It is general legislation. The point of order is sustained. (See Cong. Record, p. 4104.) Mr. GORE. I offer the amendment I send to the desk. MARCH 3, 1911. The SECRETARY. Add at the end of the bill a new section, as follows: Sec. The word "packet," wherever used in laws relating to the Postal Service, means all matter which is by law made mailable. The VICE PRESIDENT (Mr. Sherman). The question is on agreeing to the amendment submitted by the Senator from Oklahoma. Mr. PENROSE. I raise the point of order on the amendment that it is legislation. The VICE PRESIDENT (Mr. Sherman). The Senator from Pennsylvania raises a point of order that this is legislation. The Chair sustains the point of order. Mr. GORE. That it is new legislation? The VICE PRESIDENT (Mr. Sherman). It is a legislative provision, clearly so upon its face. Mr. GORE. It merely construes existing law and declares what it is. The VICE PRESIDENT (Mr. Sherman). The construction of existing law in a case of this kind is legislation. The Chair sustains the point of order. (See Cong. Record, pp. 4104, 4105.) MARCH 3, 1911. Mr. CLAPP. I offer an amendment to be inserted on page 30, line 13, after the word "available." I want to say that this amendment, against which I presume a point of order will be made, simply restores the language of the appropriation bill of last year. The SECRETARY. On page 30, line 13, after the word "available," insert: Provided, That no part of either of the foregoing sums shall be used to print or have printed, or to sell or offer to sell, any stamped envelope bearing upon it a printed direction giving the name of any individual, firm, or company, or any number of any post office box or drawer or any street number or the name of any building to which it shall be returned if uncalled for or undelivered: Provided further, That this shall not apply to those envelopes printed with a return card left blank as to name, address, box, drawer, street number, or building, and which only give the name of the town or city, with the State, District, or Territory: And provided further, That this provision shall in no way interfere with or prevent the carrying out of any existing contract heretofore entered into by the Government relative to the printing and manufacture of envelopes. Mr. BURTON. I raise the same point of order-that it is a legislative provision. The VICE PRESIDENT (Mr. Sherman). That it is a legislative provision? Mr. CLAPP. Before the Chair rules on the point of order I want to call the attention of the Chair to the fact that it simply restores the language already in the bill-the exact language that was contained in the preceding appropriation bill. The VICE PRESIDENT (Mr. Sherman). But it is a legislative provision. The first part of it was simply a limitation, but before the reading of it was concluded the Chair discovered there were legislative provisions in it, and the Chair sustains the point of order. (See Cong. Record, p. 4105.) 62d Cong., 3d sess.] FEBRUARY 25, 1913. The next amendment was, in the item of appropriation for the allowances of inspectors, on page 3, line 6, after the word "further," to strike out "that no part of the sums herein provided for the salaries of post-office inspectors or for per diem allowances to such inspectors shall be paid or allowed to them while they may be engaged in making selections and recommendations for the appointment of fourth-class postmasters," and insert "that when hereafter any vacancy shall occur in the office of postmaster of the fourth class in any of the States of the United States the compensation of the postmaster of which office is $300 or more er year, a special nominating election may be held for the purpose of nominating a postmaster to fill such vacancy. Such nominating elections shall be conducted by the local authorities of the county, township, incorporated town, or city in which such post office is situated, the same as the election for county, township, or municipal officers, and the laws and regulations of the State and township or city in which such post office is located shall be held to apply to and be applicable to the conduct of such nominating election; and the actual necessary expenses incurred in the conducting of such nominating election shall be paid out of the appropriation from the Treasury of the United States for the support and maintenance of the Post Office Department of the United States, and the compensation of the necessary officials for such nominating election shall be the same as that provided by State statutes or city ordinances relating to the expenses for conducting county, township, or municipal elections," so as to make the proviso read: "And provided further, That when hereafter any vacancy shall occur in the office of postmaster of the fourth class in any of the States of the United States, etc." Mr. TOWNSEND. Mr. President, I feel constrained to raise a point of order on that amendment as being general legislation. The PRESIDENT PRO TEMPORE (Mr. Gallinger). The Chair will call attention to the fact that under Rule XX a point of order shall not be debated unless it is submitted to the Senate. The Chair sustains the point of order as to the part inserted by the committee. (See Cong. Record, pp. 3910 to 3914.) 13. GENERAL LEGISLATION AND NOT ESTIMATED FOR, NOR REPORTED BY A STANDING COMMITTEE. FEBRUARY 26, 1913. Mr. PENROSE. I desire to offer the amendment which I send to the desk. The PRESIDENT PRO TEMPORE (Mr. Gallinger). The amendment will be read. On page 32, the last page of the bill, after line 6, it is proposed to insert: That after the passage of this act employees in the postal service who have become incapacitated through superannuation shall be granted an indefinite leave of absence under the following conditions: Provided, That an employee in the postal service who has served for a period of twenty-five years or more can be recommended by the postmaster of the city in which he is employed for indefinite leave of absence to the Postmaster General under the following conditions: An employee who has become incapacitated from performing his duties through superannuation shall appear before a board of examiners appointed by the Postmaster General, who shall serve without compensation with the exception of a physician, who must examine the applicant and make minute inquiry into his physical and mental condition, and make a report of their findings to the Postmaster General. If the application for indefinite leave of absence is recommended by the board of examiners and approved by the Postmaster General, the applicant shall be granted an extended leave of absence, together with an allowance of $600 per annum. This allowance shall be divided pro rata into equal daily installments and shall be payable monthly. If it is found necessary to employ a substitute to fill the place of the employee who has been granted an extended leave of absence, said substitute shall be paid at the rate of $600 per annum, etc. Mr. SMITH of Georgia. Mr. President, I desire to make two points upon this proposed amendment. First, it is general legislation, which can not be added to an appropriation bill; and, second, it provides for an increased appropriation, which has not been estimated for by the department or presented by the committee. The PRESIDENT PRO TEMPORE (Mr. Gallinger). The point of order is sustained. (See Cong. Record, pp. 4016, 4017, 4018.) 14. NOT MOVED BY DIRECTION OF A STANDING OR SELECT COMMITTEE AND NOT ESTIMATED FOR. 56th Cong., 2d sess.; J., p. 193.] FEBRUARY 20, 1901. Mr. Hale raised a further question of order on the amendment "for the transportation of mail by pneumatic tube or other devices," viz: That the amendment added a new item of appropriation not moved by direction of a standing or select committee of the Senate, or proposed in pursuance of an estimate of the head of some one of the departments, and was therefore not in order under the first clause of Rule 16. (See Cong. Record, pp. 2694-2697.) Ib.; J., p. 197.] FEBRUARY 21, 1901. The question being on the point of order raised by Mr. Hale, viz: That the amendment proposed by Mr. Mason on page 16, beginning after line 4, added a new item of appropriation not moved by a standing or select committee of the Senate or proposed in pursuance of an estimate of the head of some one of the departments, and was therefore not in order under the first clause of Rule 16. The President pro tempore (Mr. Frye) sustained the point of order and ruled that the amendment was not in order. (See Cong. Record, p. 2734.) 58th Cong., 2d sess.; J., p. 366.] APRIL 11, 1904. The question being on the amendment proposed by Mr. Culberson at the end of the bill, providing for the creation of a commission to investigate the conduct and expenditures of the Post Office Department, The amendment was ruled out on a point of order raised by Mr. Lodge, by Mr. Frye, President pro tempore, under Rule 16, that it was not estimated for or recommended by a standing or select committee of the Senate. (See Cong. Record, pp. 4613-4629.) 62d Cong., 3d sess.] FEBRUARY 26, 1913. Mr. TOWNSEND. The Senator from Colorado [Mr. Guggenheim] has asked me to present for him an amendment, on page 19, line 10, which I send to the desk. The PRESIDENT PRO TEMPORE (Mr. Gallinger). The amendment will be read. The Postmaster General is authorized and directed to procure and submit to Congress at the beginning of the next session, at an expenditure not to exceed $5,000, plans, specifications, and estimate of cost of a pneumatic, electric, or other underground tube system of connection, for the transmission of letters, messages, documents, and so forth, between the Capitol, Office Buildings of the Senate and House of Representatives, the Executive Departments, and other Government establishments in the city of Washington. Mr. BRISTOW. If the Senator will yield a moment, I will say that I think this amendment is clearly subject to a point of order. It has not been estimated for and it has not been recommended by a standing committee. So I make the point of order against it. The PRESIDENT PRO TEMPORE (Mr. Gallinger). The point of order is sustained. (See Cong. Record, pp. 4018, 4019.) FEBRUARY 26, 1913. Mr. POINDEXTER. I offer the amendment which I send to the desk. The PRESIDENT PRO TEMPORE (Mr. Gallinger). The amendment offered by the Senator from Washington [Mr. Poindexter] will be stated. Mr. POINDEXTER. Mr. President, in view of the amendment which has just been adopted on the motion of the chairman of the committee as a substitute for the amendment which I have just offered, I move to amend the bill by striking out the figure "30," in line 2, page 17, and substituting "35." The PRESIDENT PRO TEMPORE (Mr. Gallinger). The Senator from Washington withdraws his first amendment. Mr. POINDEXTER. I withdraw the former amendment and offer this one in its place: Provided, That after June 30, 1913, substitute letter carriers and substitute post-office clerks employed in first and second class post offices shall, when working for a carrier or clerk absent without pay, or when assigned to perform the work of regular employees absent on vacations, or when performing auxiliary or temporary work, be paid at the rate of 35 cents an hour. Mr. SMITH of Georgia. Mr. President, I make the point of order that that amendment involves increases in expenditures and that it has not been estimated for by the department or reported by a committee. Mr. OLIVER. I make the point of order, and I am constrained to do so because of the way in which time is going by. I understand the point of order is not debatable. The PRESIDENT PRO TEMPORE (Mr. Gallinger). It is not debatable; and the Chair will rule that the point of order is well taken. (See Cong. Record, p. 4020.) 15. CREATES ADDITIONAL LIABILITY. 31st Cong., 2d sess.; J., p. 223.] FEBRUARY 26, 1851. An amendment by Mr. Rusk, granting “to Josiah Snow, Anson Bangs, and their associates composing the Atlantic and Pacific Telegraph Company, a right of way over the public lands," etc., An objection being made that it would create additional liability and against Rule 30. The question being submitted to the Senate, it was decided not to be in order. (See Cong. Globe, p. 713.) 14. RIVER AND HARBOR. IN ORDER 1. Not general legislation. 2. Not general legislation and germane. 3. Relevant. 4. Substantially the same as a rejected amendment. NOT IN ORDER— 5. General legislation. 6. Irrelevant. 7. Not reported by a standing committee, and not estimated for. IN ORDER. 1. NOT GENERAL LEGISLATION. 62d Cong., 3d sess.; J., p. 204.] On motion by Mr. Nelson, FEBRUARY 20, 1913. The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 28180) making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. On the question to agree to the reported amendment, beginning on page 53, line 6, and extending down to and including line 6, page 55, as follows: The Secretary of War is hereby directed to make and enter into an agreement with the Municipal Electric Company, a public corporation organized and existing under the laws of the State of Minnesota, for the purpose of utilizing the hydroelectric power developed by the surplus waters not needed for navigation by the dam described and provided for in House Document Numbered seven hundred and forty-one, Sixty-first Congress, second session, as adopted by Congress, in the act entitled “An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes," approved June twenty-fifth, nineteen hundred and ten. Such agreement shall provide that for the privileges secured thereby said corporation shall pay to the United States the fair and proportional cost of maintenance of said dam, lands, and appurtenant works, and also pay in addition an annual sum of four per centum upon such amount as the United States shall have invested and expended in the completion of the project by which such water power is developed and maintained over and above the amount actually expended and which would have been expended in completion of the project for navigation only: Provided, That no part of the cost of installation, transmission, or operation of the power plant shall be borne by the United States. Such amount shall be determined by the records in the office of the Chief of Engineers, and the said annual payments for rent and maintenance shall be made on or before the second day of January of each year, and the rent shall begin with the use of the power commercially by the said Municipal Electric Company, and not later than one year after said company has been notified by the Secretary of War that the water is available. The right shall be reserved to the United States and included in such contract for the United States to purchase and use such supply of said power as may be required for its own purposes on the same terms and conditions as the said power is sold or distributed to the members of said public corporation of the State of Minnesota; Provided further, That said corporation shall furnish free of charge to the United States such power as shall be deemed necessary in the opinion of the Chief of Engineers to properly operate and light such lock and dam and appurtenant works for the purposes of navigation. The right to alter, amend, or repeal is hereby expressly reserved. Mr. Thomas raised a question of order, viz, that the amendment proposed is general legislation to an appropriation bill, and is therefore not in order under the rule. The President pro tempore (Mr. Gallinger) submitted the question to the Senate, Is the amendment in order? It was determined in the affirmative. (See Cong. Record, pp. 3475, 3485-3492.) 24143°-S. Doc. 1123, 62-3-11 |
