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of tuba, bassi, tapuy, or like domestic fermented liquors, shall be considered small manufacturers.'

"SEC. 2. Paragraph seven of section sixty-eight of said Act, as amended, is hereby further amended so as to read as follows:

“"7. Every retail dealer in fermented liquors shall pay forty pesos. Every person who for himself or on commission sells or offers for sale foreign or domestic fermented liquors in quantities of two decaliters or less at any one time shall be regarded as a retail dealer in fermented liquors, and the payment of a license tax as a wholesale or retail liquor dealer or the payment of any other license tax shall not relieve any person who sells fermented liquors from the payment of the license tax imposed in this paragraph: Provided, That every retail dealer in tuba, bassi, tapuy, or like domestic fermented liquors shall pay twenty pesos.

"SEC. 3. Paragraph eight of section sixty-eight of said Act, as amended, is hereby further amended so as to read as follows:

""8. Every wholesale dealer in fermented liquors shall pay sixty pesos. Every person who for himself or on commission sells or offers for sale foreign or domestic fermented liquors in larger quantities than two decaliters at any one time shall be regarded as a wholesale dealer in fermented liquors: Provided, That no brewer who has given the required bond and paid the license tax imposed in paragraph one of this section, and who sells only fermented liquors of his own production in the original packages at the place of manufacture, shall be required to pay the license tax imposed in this paragraph on account of such sales. Every person who sells or offers to sell, for himself or on commission, foreign or domestic distilled spirits, or wines, or fermented liquors other than tuba, bassi, tapuy or like domestic fermented liquors to other persons for the purpose of resale, shall likewise be deemed to be a wholesale liquor dealer or wholesale dealer in fermented liquors, as the case may be, irrespective of the quantities of such distilled spirits, wines or fermented liquors sold at one time.'

"SEC. 4. This Act shall take effect on January first, nineteen hundred and twelve."

Respectfully submitted.

To the Honorable,

GREGORIO ARANETA,

Committee on Matters Pertaining to the
Department of Finance and Justice.

the PRESIDENT OF THE PHILIPPINE COMMISSION.

The report was received.

Assembly Bill No. 587 was thereupon read the second time and, together with the report of the Committee on Matters Pertaining to the Department of Finance and Justice, was referred to the Committee of the Whole.

It was considered in committee and reported back to the Commission with the recommendation that the amendments be concurred in, and that as so amended the bill pass.

The report and recommendation of the Committee of the Whole were adopted.

On motion by Commissioner Araneta, unanimously carried,

The bill was considered urgent under the provisions of Rule XIV, Rules of the Commission, and read the third time by title only.

The question then being upon its passage, the roll was called and the bill was passed.

Commissioner Araneta moved to amend the title to read as follows:

An Act amending paragraphs one, seven, and eight of section sixty-eight of Act Numbered Eleven hundred and eighty-nine, entitled "The Internal Revenue Law of Nineteen hundred and four,” as amended, by defining small manufactures of tuba, bassi, tapuy or like domestic fermented liquors, by imposing an annual license tax on retail dealers in such liquors, and by amending the definition of wholesale dealers in such liquors.

The motion prevailed and the title as amended was read and approved.

Ordered, That the Secretary request the concurrence of the Assembly in the amendments of the Commission.

COMMITTEE REPORT NO. 235 ON REQUEST OF THE LEGISLATIVE COUNCIL OF THE MORO PROVINCE FOR REPEAL OF ACT NO. 2072.

On motion by Commissioner Branagan,

The following committee report, consideration of which was postponed on September 26, 1911, was taken up:

[Committee Report No. 235.]

MR. PRESIDENT: Your Committee on Affairs Pertaining to the Moro Province, to which was referred the resolution of the legislative council of the Moro Province, adopted August 29, 1911, petitioning for the repeal of Act No. 2072, of the Philippine Commission, entitled "An Act conferring jurisdiction upon justices of the peace in the Moro Province to try persons charged with infraction of municipal ordinances," has examined the same and has the honor to

report it back to the Commission with the following recommendation, viz:

That the petition be laid on the table.

The statement that the exercise of the powers of justices of the peace by municipal presidents accords with the prevailing practice in the United States is erroneous, as the practice now is to more completely separate the discharge of executive and judicial duties. The standard of justices of the peace is being rapidly bettered, and there appears no reason why as competent men cannot be found for justices of the peace as for municipal presidents. Respectfully submitted.

FRANK A. Branagan,

RAFAEL PALMA,

C. B. ELLIOTT,

Committee on Affairs Pertaining to the Moro Province.

To the Honorable,

the PRESIDENT OF THE PHILIPPINE COMMISSION.

On motion by Commissioner Branagan,

The report and the recommendation contained therein were adopted.

EXECUTIVE SESSION.

The Commission then 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 12 o'clock and 40 minutes postmeridian, On motion by Commissioner Branagan,

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

Attest:

110355-8

GEO. C. SCHWEICKERT, Secretary.

Second Philippine Legislature.

Second Session.

JOURNAL OF THE COMMISSION.

FRIDAY, NOVEMBER 10, 1911.

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

Present: Commissioners Gilbert, Luzuriaga, Araneta (after roll call), 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 Thursday, November 9, 1911, was read and approved.

MESSAGE FROM THE ASSEMBLY.

NOVEMBER 9, 1911.

MR. PRESIDENT: I have been directed to inform your honorable body that the Assembly, on November 9, 1911, agreed to the amendment of the Commission to Assembly Bill No. 620 (A. B. No. 620), entitled "An Act appropriating the sum of twenty-five thousand pesos for providing the public schools with copies of an adequate biography of Doctor José Rizal."

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THIRD READING AND PASSAGE OF BILLS.

Comission 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 Philippine Carnival be repaid to the Philippine Exposition Board created by Act Numbered Two thousand and twenty-three.

Commission Bill No. 127 was read the third time.
Commissioner Elliott moved the following amendment:

Change section 2 to section 3, and insert a new section 2 to read as follows: "All Acts or parts of Acts inconsistent herewith are hereby repealed."

The motion prevailed.

The question then being upon its passage, the roll was called and Commission Bill No. 127 was passed.

Commissioner Gilbert moved to amend the title by adding at the end thereof the words "and repealing all Acts or parts of Acts inconsistent herewith."

The motion prevailed, and the title as amended was read and approved.

Ordered, That the Secretary request the concurrence of the Assembly in the bill as passed.

Commission Bill No. 128. An Act to amend Act Numbered Fourteen hundred and fifty-nine, entitled "The Corporation Law."

By unanimous consent, Commission Bill No. 128 was read the third time by title only.

Commissioner Palma moved to strike out the following

section:

"SEC. 6. This Act shall take effect on its passage."

The motion prevailed.

The question then being upon its passage, the roll was called and Commission Bill No. 128 was passed, and the title read and approved.

Ordered, That the Secretary request the concurrence of the Assembly in the bill as passed.

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