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Second Philippine Legislature.

Second Session.

JOURNAL OF THE COMMISSION.

THURSDAY, NOVEMBER 23, 1911.

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

Present: Commissioners Gilbert, Worcester, Luzuriaga, Araneta, Branagan, and Elliott.

Absent: The President, and Commissioners Palma and Sumulong (excused).

Commissioner Gilbert in the chair.

READING OF JOURNAL.

The Journal of Wednesday, November 22, 1911, was read and approved.

COMMISSION BILL NO. 136 POSTPONED.

Commission Bill No. 136, entitled "An Act repealing sections seven hundred and fifty-five, seven hundred and fiftysix, seven hundred and fifty-seven, seven hundred and fiftyeight, and seven hundred and sixty of Act Numbered One hundred and ninety, and restoring such provisions of the Civil Code as may have been amended or repealed by said sections to full force and effect," appearing on the calendar for third reading on this date,

On motion by Commissioner Araneta,
Consideration was postponed.

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161

REPORTS OF STANDING COMMITTEES.

[Committee Report No. 294.]

MR. PRESIDENT: The Committee on Municipal and Provincial Governments, to which was referred on November 2, 1911, the resolution of the municipal presidents of Rizal requesting that a law be enacted providing for the reimbursement of traveling expenses of councilors residing in remote pueblos forming a part of consolidated municipalities, for each session of the council attended by them, 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.

If every municipality had sufficient revenues to cover the expenses of a well-regulated municipal administration, there would be no question as to the justice of the reimbursement requested and the increased expenditure might perhaps be provided for in the appropriations in each case. On the other hand, there is still the possibility of new consolidations of municipalities or of segregations of towns now consolidated, and it does not appear reasonable or advisable to authorize such disbursement of funds. Such is the opinion of your committee. Respectfully submitted.

To the Honorable,

JOSE R. DE LUZURIAGA, Chairman, Committee on Municipal and Provincial Governments.

the PRESIDENT OF THE PHILIPPINE COMMISSION.

The report and the recommendation contained therein were adopted.

[Committee Report No. 295.]

MR. PRESIDENT: Your Committee on Matters Pertaining to the Department of Public Instruction, to which was referred on October 17, 1911, Assembly Bill No. 79, entitled "An Act to provide Government scholarships for young Filipinos who shall have completed any professional course of study or who are otherwise licensed or authorized to practice scientific, artistic, or industrial professions, in order that they may continue their studies in the higher educational institutions in America or in Europe, 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 be passed with the following amendment:

Strike out all after the enacting clause and insert in lieu thereof the following:

"SECTION 1. Ten permanent Government fellowships are hereby authorized to be awarded to persons who have completed any professional or cultural course of study or who are licensed to practice

any technical, scientific, artistic, industrial, or cultural professions, in order that they may continue their studies in the universities or other educational institutions of America or Europe. As vacancies occur in these fellowships, they shall be filled in the manner hereinafter provided.

"SEC. 2. An appointee under this Act shall be a citizen of the Philippine Islands of sound physical constitution and good character, and shall have studied and completed some technical, scientific, artistic, industrial, or cultural course in the University of the Philippines, or in an educational institution of the United States or an educational institution in the Philippine Islands which has been authorized by the Government to confer degrees.

“SEC. 3. Five of these fellowships shall be assigned to qualified members of the teaching staff of the University of the Philippines below the rank of associate professor, for the purpose of developing a permanent faculty of Filipino scholars in that institution. Five of these fellowships shall be open to graduates of other institutions recognized by the Insular Government. Candidates for the fellowships assigned to the University of the Philippines shall be appointed by the Board of Regents of the University of the Philippines on the recommendation of the president of the university. The other fellowships shall be filled by appointment of the Governor-General upon the recommendation of the Secretary of Public Instruction after an examination has been held to determine the qualifications of the candidates for appointment.

"SEC. 4. Candidates appointed to the five fellowships from the teaching staff of the University of the Philippines shall be granted leave of absence without pay from the university, and shall pursue their studies under such direction as the Board of Regents shall require. They shall sign a contract binding themselves to return to the Philippines upon expiration of their fellowship appointments and to continue their duties in the university for a time equal to their period of study as Government students. Appointees to other fellowships shall pursue their studies under such direction as the Secretary of Public Instruction may require. They shall sign a contract binding themselves to return to the Philippines when their fellowship appointments have expired, and to render service in the Bureaus of the Government for a term equal to their period of study as Government students, at salaries which shall not be less than those paid to other employees for similar work.

"SEC. 5. The holders of fellowships attending educational institutions in America shall be subject to the control of the superintendent of Government students in the United States, for their protection, care, and welfare; those attending educational institutions of Europe will be placed under the control of the diplomatic representatives or the agents authorized or commissioned by the Philippine Government, for their care, protection, and safety.

"SEC. 6. The holders of fellowships under this Act shall each receive in monthly or quarterly installments, one thousand two hundred pesos a year; and they shall be entitled to tuition fees and to reimbursement of actual and necessary expenses for travel and subsistence between their homes in the Philippine Islands and their respective places of study in America or Europe.

"SEC. 7. A continuing annual appropriation of thirty thousand pesos or so much thereof as may be necessary is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for carrying out the purposes of this Act."

This law as amended has received the indorsement of the president and the Board of Regents of the University of the Philippines. 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 was received.

Assembly Bill No. 79 was thereupon read the second time and referred to the Committee of the Whole.

It was considered in committee and reported back to the Commission with the recommendation that the amendment proposed by the Committee on Matters Pertaining to the Department of Public Instruction be concurred in with the following amendment:

Section 1, lines 2 to 5, inclusive, strike out the words "who have completed any professional or cultural course of study or who are licensed to practice any technical, scientific, artistic, industrial, or cultural professions," and insert in lieu thereof the words "who have the qualifications prescribed in section two."

Section 2, page 1, lines 12 to 14, strike out the words "completed some technical, scientific, artistic, industrial, or cultural course” and insert in lieu thereof the words "completed some professional, technical, scientific, artistic or industrial course;" line 14, insert after the word "Philippines" the words "and received a degree therefrom;" and on page 2, line 2, insert after the word "degrees" the words "and received a degree therefrom."

Section 3, page 2, lines 7 to 9, strike out the words "five of these fellowships shall be open to graduates of other institutions recognized by the Insular Government."

Section 5, page 3, change "control" to "supervision" in lines 4 and 8; line 8, insert after the word "representatives" the words "of

the United States;" lines 8 and 9, strike out the words "the agents authorized or commissioned by the Philippine Government" and insert in lieu thereof the words "of agents selected and authorized by the Secretary of Public Instruction;" and in line 10, strike out the word "safety" and insert in lieu thereof the word "welfare.'

Section 7, page 3, line 19, insert after the word "necessary" the words "beginning with the fiscal year nineteen hundred and thirteen." And that as so amended the bill pass.

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

SECOND READING OF BILL.

Assembly Bill No. 633. An Act to exempt from payment of the land tax every kind of buildings, machinery, and implements on agricultural lands and used exclusively in the cultivation of such lands or in the production of crops thereon, or for the use thereof, or that are needed thereby, with certain exceptions.

Assembly Bill No. 633 was read the second time and further consideration postponed.

INTRODUCTION OF BILL.

Commissioner Gilbert introduced the following bill for the President:

Commission Bill No. 138. An Act to amend Act Numbered Six hundred and sixty-six, entitled "An Act defining property in trademarks and in trade-names and providing for the protection of the same, defining unfair competition and providing remedies against the same, providing registration for trade-marks and trade-names, and defining the effect to be given to registration under the Spanish royal decree of eighteen hundred and eighty-eight relating to the registration of trade-marks, and the effect to be given to registration under this Act," by providing for the publication of applications for registration of trade-marks and trade-names and for the filing of opposition to such registration by persons considering themselves damaged thereby, and forbidding the importation of certain merchandise, and for other purposes.

Commission Bill No. 138 was read the first and second times and referred to the Committee of the Whole.

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