Mr. GALLINGER. I did not hear the Senator.

Mr. SHIVELY. I make the point that the amendment beginning on page 41, beginning with line 17 and ending on line 3, on page 42, is general legislation.

Mr. GALLINGER. It undoubtedly is, Mr. President, but I am sorry the Senator has made the point of order, because it does not increase the appropriation, but merely permits the District Commissioners to make available their plant in certain contingencies. Still, if the Senator insists upon the point of order, it can not be resisted. Mr. SHIVELY. I insist on the point of order, Mr. President.

The PRESIDENT pro tempore (Mr. Frye). The Chair sustains the point of order. (See Cong. Record, p. 2418.)

62d Cong., 2d sess.]

MARCH 19, 1912.

The District of Columbia appropriation bill being under consideration,
The amendment on page 4, after line 7, was to insert:

Hereafter whenever any bid or proposal for any work, material, or supplies shall be accepted by the Commissioners of the District of Columbia and a contract therefor is required to be signed by them, every such contract may be signed, sealed, and delivered in the name of and for and on behalf of the District of Columbia when signed by a majority of said commissioners.

Mr. GALLINGER. I move to strike out the words "when signed" in line 13. It is a duplication of language.

The PRESIDING OFFICER (Mr. Brandegee). Without objection, the amendment to the amendment is agreed to.

Mr. WORKS. Mr. President, I make the point of order with respect to this clause that it is general legislation. I understand the law now provides that the action of the commissioners must be unanimous. This is an effort to change the law in that respect, and it seems to me to be quite important. Certainly it is general legislation

on that subject.

Mr. GALLINGER. Mr. President, the reason for this provision is that at certain seasons of the year one of the commissioners is absent. Like most of the rest of us they take a vacation, and as at present the business of the District is greatly interrupted by not having the entire board all the time in the District of Columbia. It is not a matter of consequence to me at all, but in the administration of the office of the commissioners it is very important. I trust the Senator from California will not make a point of order against this provision, because it does no harm to anybody and it facilitates greatly the administration of the business of the District.

Mr. WORKS. I make it, Mr. President, because I understand that this amendment grew out of the fact of a dispute upon that very question, where the parties were unable to procure unanimous consent, and that the object of this provision is to meet that condition, not the mere fact that it is inconvenient in the dispatch of business. I may be misinformed in respect to that.

Mr. GALLINGER. If there was trouble, the trouble grew out of the present situation, where unanimous concurrence is required, and one of the commissioners was absent on his vacation. They are permitted 30 days' leave.

Mr. WORKS. My information is quite to the contrary, I will say to the Senator from New Hampshire. It is that the commissioners were present and were unable to secure the necessary unanimous consent, and that it resulted in quite a little dissatisfaction. Mr. GALLINGER. If that be so, of course the Senator does not cure that condition by insisting that the law shall remain as it is.

Mr. WORKS. My judgment about it is that there should be unanimous consent, or I would not make the point against the amendment.

Mr. GALLINGER. Well, Mr. President, I submit it to the Chair.

The PRESIDING OFFICER (Mr. Brandegee). The point of order is sustained. Evidently it is legislation. (See Cong. Record, p. 3604.)

The next amendment on page 113, after line 18, ending on line 19, page 114, was read.

Klingle Valley Park and Highway.

The Commissioners of the District of Columbia be, and they are hereby, authorized and directed to acquire for a park, by purchase or condemnation, the land that may be necessary to preserve the Klingle Road Valley, comprising twenty-eight and one-half acres, as shown on plans filed in the office of the Engineer Commissioner of the District of Columbia, at an expense not exceeding $250,000, and for that purpose the sum of $250,000 is hereby appropriated. If said commissioners shall be unable to purchase said land at a price deemed by them to be reasonable, and not exceeding the sum of $250,000, then they shall proceed to acquire said land in the manner prescribed for providing a site for an addition to the Government Printing Office in so much of the act approved July first, eighteen hundred and ninety-eight, as is set forth on pages six hundred and forty-eight and six hundred and forty-nine of volume thirty of the Statutes at Large, and for the purposes of said acquisition the Commissioners of the District of Columbia shall have and exercise all powers conferred upon the Public Printer in said act.

For the improvement of Klingle Valley Park, including the employment of personal services in preparing the plans therefor, and for all purposes in connection with said improvement, $40,000.

Mr. WORKS. Mr. President, I call attention to the proposed amendment of the committee, commencing with line 19, on page 113, and extending down to line 11 on page 118, and I make the point of order that it is general legislation. I do so not only because I think it is improper legislation to carry into an appropriation bill, but for the further reason that I am informed that there is no crying need or demand for this land at the present time and that the amount appropriated is in excess of its real value. Mr. GALLINGER. I hardly agree with the Senator from California as to the amount appropriated being in excess of the real value of the land, but the point of order is doubtless well taken, and it will not be controverted.

The VICE PRESIDENT (Mr. Sherman). The point of order is sustained. (See Cong. Record, p. 3622.)

The SECRETARY. It is proposed to strike out the amendment of the committee on page 117, lines 13 to 25, inclusive, and on page 118, lines 1 to 11, inclusive, and to insert in lieu thereof the following:

The Commissioners of the District of Columbia be, and they are hereby, authorized and directed to acquire for a park, by purchase or condemnation, the tract of land situated at and in the vicinity of Mount Hamilton, or Mulliken Hill, lying east of Bladensburg Road, north of M Street east, west of Twenty-sixth Street east, and south of the District of Columbia school property and Q Street east, containing approximately eighty-one acres, as shown on plat on file in the office of the Engineer Commissioner of the District of Columbia, at an expense not exceeding $90,000; and for that purpose the sum of $90,000 is hereby appropriated. If said commissioners shall be unable to purchase said land at a price deemed by them to be reasonable and not exceeding the sum of $90,000, then they shall proceed to acquire said land in the manner prescribed for providing a site for an addition to the Government Printing Office in so much of the act approved July first, eighteen hundred and ninety-eight, as is set forth on pages six hundred and forty-eight and six hundred and forty-nine of volume thirty of the Statutes at Large; and for the purposes of said acquisition the Commissioners of the District of Columbia shall have and exercise all powers conferred upon the Public Printer in said act.

Mr. WORKS. Mr. President, I should like to inquire of the Senator from New Hampshire what particular change is made by this proposed amendment to the amendment?

Mr. GALLINGER. The substantial change is this: Never in previous legislation have we assessed benefits when we established parks, but the bill provided for the assessment of benefits, while the substitute does not make such provision.

Mr. WORKS. The amendment and the amendment to the amendment evidently fall within the point of order that I made a little while back, that they provide general legislation.

The VICE PRESIDENT (Mr. Sherman). There is no question about it being a legislative provision in the mind of the Chair. Does the Senator make that point? Mr. WORKS. Yes, sir; I do.

The VICE PRESIDENT (Mr. Sherman). The point of order is sustained. (See Cong. Record, p. 3623.)

62d Cong., 3d sess.]

FEBRUARY 11, 1913 (legislative day).
FEBRUARY 17, 1913 (calendar day).

The District of Columbia appropriation bill being under consideration,

The next amendment was, on page 7, after line 2, to insert:

For the erection of shelters on the open space at the intersection of Ohio and Louisiana Avenues with Tenth and Twelfth Streets, bounded by Tenth and Twelfth and B and Little B Streets northwest, known and designated as the farmers' produce market, and the necessary paving in connection therewith, $32,000; and the limitation of 10 cents per day for each space at the above-mentioned market contained in the act of June twentyseventh, nineteen hundred and six, is hereby revoked, and the Commissioners of the District of Columbia are authorized to charge hereafter not to exceed 20 cents per day for each space in accordance with the provisions of the aforesaid act.

Mr. LODGE obtained the floor.

Mr. SMITH of Georgia. I desire to make the point of order that this is legislation. The PRESIDENT PRO TEMPORE (Mr. Gallinger). The point of order made by the Senator from Georgia (Mr. Smith) is sustained. (See Cong. Record, pp. 3246, 3247.)

Mr. CURTIS. After line 23, I move to insert the following: The Commissioners of the District of Columbia are hereby authorized and directed to strike from the plan of the permanent system of highways for the District of Columbia Crittenden Street northwest, between Iowa Avenue and Seventeenth Street, and to omit the said street between the limits named from any future subdivision of the parcel of ground through which the said Crittenden Street runs.

Mr. SMITH of Georgia. I make the point of order that that is undoubtedly new legislation.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The point of order is sustained on the ground that it is general legislation. (See Cong. Record, p. 3248.)

FEBRUARY 19, 1913.

Mr. SMITH of Georgia. I propose the amendment as a substitute for both the highschool amendments.

The SECRETARY. And also for the next amendment, on page 58, from line 1 to line 5, inclusive, to insert the following:

That a commission composed of two Senators and two Representatives be appointed by the Committees on the District of Columbia to report at as early date as practicable upon the problem of increased high-school facilities for the District. And said commission shall have authority to take advice from experts on the subject, and an appropriation of $5,000 is hereby made, to be immediately available for the expense of the commission.

Mr. CURTIS. I make the point of order against the amendment that it is general legislation on an appropriation bill and that it carries an appropriation that has not been estimated for.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The point of order is sustained. (See Cong. Record, p. 3375.)

FEBRUARY 19, 1913.

The next committee amendment passed over was, on page 94, after line 22, to insert: Under and in accordance with the provisions of subchapter one of chapter fifteen of the Code of Law for the District of Columbia, the Commissioners of the District of Columbia

are authorized ana directed to institute in the supreme court of the District of Columbia a proceeding in rem to condemn the land that may be necessary for highway and park purposes to preserve the Klingle Road Valley, comprising approximately twenty-six and one-half acres, as shown on plans filed in the office of the Engineer Commissioner of the District of Columbia: Provided, That the tract of land hereinafter described, containing about two acres, shall be excepted from condemnation for such park, viz, a detached portion of said described park lying at the extreme eastern end thereof, east of the east line of a proposed street ninety feet wide, said described land being land now assessed in the name of Thomas Armat.

There is appropriated an amount sufficient to pay the necessary costs and expenses of said condemnation proceedings taken pursuant hereto and for the payment of amount awarded as damages, and so forth.

Mr. BRISTOW. I will make a point of order against this amendment. It is general legislation.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The Chair sustains the point of order. (See Cong. Record, p. 3383.)

The same point of order was made and sustained against the Klingle Valley Park. (See Cong. Record, p. 3383.)

4. NOT ESTIMATED FOR.

62d Cong., 3d sess.]

FEBRUARY 19, 1913.

Mr. SMITH of Arizona. I send to the Secretary's desk and offer the amendment that is indicated by the pencil mark on the paper.

The PRESIDENT PRO TEMPORE. The amendment will be read.

The SECRETARY. On page 69, after line 9, insert:

For the equipment and maintenance of the bacteriological laboratory and for reference books and scientific journals, $2,100.

Mr. SMITH of Arizona. I ask the Secretary to read the paper which accompanies the amendment.

Mr. SMOOT. I make the point of order against the amendment that it is not estimated for.

The PRESIDENT PRO TEMPORE (Mr. Gallinger). The point of order is sustained, inasmuch as the amount named in the amendment is not estimated for. (See Cong. Record, p. 3390.)

6. FORTIFICATIONS.

NOT IN ORDER.

1. NOT ESTIMATED FOR; NOT REPORTED BY A COMMITTEE. 60th Cong., 1st sess.; J., p. 362.]

APRIL 8, 1908.

On motion by Mr. Simmons to amend the bill by inserting on page 4, line 9, a new paragraph as follows:

For the repair and construction of needful buildings and the construction and installation of suitable modern armament, with a view to strengthening and modernizing Fort Macon, North Carolina, $250,000.

Mr. Warren raised a question of order, viz, that the amendment contained an item not estimated for and which had not been favorably reported from any committee and therefore was not in order.

The Vice President (Mr. Fairbanks) sustained the point of order. (See Cong. Record, pp. 4476-4478.)

7. GENERAL DEFICIENCY.

IN ORDER

1. Reported by a committee.

2. Although not estimated for.

3. Because of act passed.

4. Not general legislation.

5. Private claim. French spoliations.

6. Not general legislation. (Urgent deficiency.)

NOT IN ORDER

7. Not having been reported by a committee.

8. Clause being struck out in Committee of the Whole.

9. Not general legislation, but out of order.

10. Private claims.

11. General legislation.

12. General legislation and not estimated for.

13. Estimated for by the Commissioner of Indian Affairs only.

14. Not estimated for.

15. Not reported by a committee nor referred to the Committee on Appropriations one day.

IN ORDER.

1. REPORTED BY A COMMITTEE.

32d Cong., 1st sess.; J., pp. 377, 378.]

APRIL 26, 1852.

The bill to supply deficiencies in appropriations for the year ending June 30, 1852, being up, an amendment, reported by Committee on Finance, was proposed for additional compensation for increasing the transportation of the United States mails between New York and Liverpool, etc. Mr. Boreland objected to the same as contrary to Rule 30 of the Senate, which is: "No amendment proposing additional appropriations shall be received to any general appropriation bill unless it be made to carry out the provisions of some existing law or some act or resolution previously passed by the Senate during that session, or in pursuance of an estimate from the head of some of the departments; and no amendment shall be received whose object is to provide for a private claim, although the same may have been previously sanctioned by the Senate." (December 19, 1850.) Rules. Amendment May 7, 1852: After "session" insert "or moved by direction of a standing committee of the Senate."

The President pro tempore (William R. King) submitted the question to the Senate, Is the amendment in order? yeas 29, nays 12. (See Cong. Globe, p. 1192.) So the amendment was in order.

2. ALTHOUGH NOT ESTIMATED FOR.

53d Cong., 3d sess.; J.,

p. 169.]

MARCH 1, 1895.

An amendment to the general deficiency appropriation bill to acquire a site for a Government Printing Office was decided by the Presiding Officer (Mr. Faulkner in the chair) to be not estimated for, and was not reported from a standing or select committee, and proposed general legislation on a general appropriation bill, and was not in order.

From the decision Mr. Butler appealed to the Senate; and on the question, Shall the decision of the Chair stand as the judgment of the Senate? it was determined in the negative; yeas 23, nays 28. So the decision of the Chair was not sustained and the amendment decided to be in order. (See Cong. Record, pp. 2983, 2984.)