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EXECUTIVE SESSION.

The Commission proceeded to the consideration of executive business.

After the consideration of executive business, the Commission returned to regular session.

(For appointments confirmed in executive session see p. 972.)

ADJOURNMENT.

Thereupon, at 10 o'clock and 55 minutes antemeridian, On motion by Commissioner Branagan,

The Commission adjourned to meet at the call of the Chair.

Attest:

GEO. C. SCHWEICKERT, Secretary.

Second Philippine Legislature.

Second Session.

JOURNAL OF THE COMMISSION.

THURSDAY, NOVEMBER 9, 1911.

The Commission met at 10 o'clock and 30 minutes antemeridian at the call of the Chair.

Present: Commissioners Gilbert, Luzuriaga, Araneta, Palma, Sumulong, Branagan, and Elliott.

Absent: The President, and Commissioner Worcester (on official business).

Commissioner Gilbert in the chair.

READING OF JOURNAL.

The Journal of Wednesday, November 8, 1911, was read and approved.

REPORTS OF STANDING COMMITTEES.

[Committee Report No. 267.]

MR. PRESIDENT: The Committee on Taxation and Revenue, to which was referred on November 3, 1911, a resolution adopted by a convention of municipal presidents of the Province of Occidental Negros on December 29, 1910, expressing their approval of the "Apacible Bill," has examined the same and has the honor to report it back to the Commission with the recommendation that it be laid on the table.

The bill referred to is apparently Assembly Bill No. 75, first session Second Philippine Legislature, which was referred to your committee on December 16, 1910, and reported back with the recommendation that it be laid on the table. (Report No. 117, 4 Journal, 391.) Your committee now recommends the same disposition of this resolution as it recommended for Assembly Bill No. 75,

for the reasons stated in its report on that bill, to which reference is hereby made.

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the PRESIDENT OF THE PHILIPPINE COMMISSION.

The report and the recommendation contained therein were adopted.

[Committee Report No. 268.]

MR. PRESIDENT: The Committee on Matters Pertaining to the Department of Public Instruction, to which was referred on November 3, 1911, resolution No. 51 of the convention of municipal presidents of Occidental Negros, has examined the same and has the honor to report it back to the Commission with the following recommendation, viz:

That these several petitions be laid upon the table.

The official flag of the Philippine Islands is the flag of the United States, and it is believed that this is the only flag which should be used in the schools.

It is not believed by your committee that there is sufficient need for an institute of Philippine languages to justify the Government in making any considerable expenditure therefor at this time. Your committee is under the impression that the Government once before endeavored to sell carabaos to planters, and that the scheme did not meet with success. Your committee is of opinion that there is no present necessity for the undertaking of the buying and selling of carabaos to farmers. The chances of great loss of money in connection with any such project are large. The Islands are gradually becoming restocked through natural channels.

Courtesy and good breeding are already strongly emphasized in the public schools, and there appears to be no necessity for a law making it obligatory to teach polite manners.

Respectfully submitted.

To the Honorable,

NEWTON W. GILBERT,

Committee on Matters Pertaining to the
Department of Public Instruction.

the PRESIDENT OF THE PHILIPPINE COMMISSION.

The report and the recommendation contained therein were adopted.

[Committee Report No. 269.]

MR. PRESIDENT: The Committee on Matters Pertaining to the Department of Commerce and Police, to which was referred on October 16, 1911, that portion of the Governor-General's message to the Legislature of October 16, 1911, recommending legislation for the control of labor, and penalizing the failure to fulfill contracts for the performance of labor for which money has been advanced, has examined the same and has the honor to report it back to the Commission with the following comment, viz:

It is recognized that legislation along the lines suggested is very desirable, but unfortunately it has been decided by the Supreme Court of the United States in the case of Bailey vs. the State of Alabama, 219 U. S., 219 (1910), that although a statute in terms be to punish fraud, if its natural and inevitable purpose is to punish for failure to perform contracts of labor, thus compelling such performance, it violates the thirteenth amendment to the Constitution of the United States, and is therefore unconstitutional. Respectfully submitted.

To the Honorable,

C. B. ELLIOTT,

Committee on Matters Pertaining to the
Department of Commerce and Police.

the PRESIDENT OF THE PHILIPPINE COMMISSION.

The report was accepted.

INTRODUCTION OF BILLS.

Commissioner Elliott introduced the following bills:

Commission Bill No. 127.

An Act providing that the sum of ten thousand pesos set aside in Act Numbered Nineteen hundred and fifty-five as a loan for part of the expenses of the Philippines Carnival be repaid to the Philippine Exposition Board created by Act Numbered Two thousand and twenty-three.

Commission Bill No. 127 was read the first and second times and referred to the Committee of the Whole.

It was considered in committee and reported back to the Commission with the recommendation that it pass.

The report and recommendation of the Committee of the Whole were adopted, and the bill ordered on file for third reading.

Commission Bill No. 128. An Act to amend Act Numbered Fourteen hundred and fifty-nine, entitled "The Corporation Law." Commission Bill No. 128 was read the first and second times and referred to the Committee of the Whole.

It was considered in committee and reported back to the Commission with the recommendation that it pass.

The report and recommendation of the Committee of the Whole were adopted, and the bill ordered on file for third reading.

Commission Bill No. 129. An Act expressly conferring upon, and confirming to the Supreme Court of the Philippine Islands the control and management of all matters affecting the personal and the internal operations of the Court; and authorizing the Court to hold sessions throughout the period designated by law for the annual "court vacation;" and providing for accrued leave for the members of the court in certain cases.

Commission Bill No. 129 was read the first and second times and referred to the Committee of the Whole.

It was considered in committee and reported back to the Commission with the recommendation that it be referred to the Committee on Matters Pertaining to the Department of Finance and Justice for report and recommendation. The report and recommendation of the Committee of the Whole were adopted.

REPORT OF STANDING COMMITTEE.

[Committee Report No. 270.]

MR. PRESIDENT: Your Committee on Matters Pertaining to the Department of Finance and Justice, to which was referred on October 26, 1911, Assembly Bill No. 587, entitled "An Act amending Act Numbered Eleven hundred and eighty-nine, known as The Internal Revenue Act, and Acts amendatory thereof, by exempting small manufacturers of, and merchants and dealers in, tuba, bassi, tapuy, or like domestic beverages from the internal-revenue tax, and for other purposes," has examined the same and has the honor to report it back to the Commission with the following recommendation, viz: That the bill do pass in the following form:

"SECTION 1. Paragraph one of section sixty-eight of Act Numbered Eleven hundred and eighty-nine, entitled "The Internal Revenue Law of Nineteen hundred and four,' as amended, is hereby further amended so as to read as follows:

"1. Every brewer shall pay two hundred pesos. Every person who manufactures fermented liquors of any description for sale or delivery to others, except small manufacturers of tuba, bassi, tapuy, or like domestic fermented liquors, shall be deemed a brewer. Manufacturers whose daily production does not exceed one hundred liters

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