of the time wherein to complete said works;" in lines 8 to 14, strike out the words "The use or taking of water by such ditch owner after the expiration of this extension until the completion of such head gate or measuring device and the approval thereof by the said Council shall constitute a misdemeanor under this Act: Provided, however, That the provisions of this section shall not affect any system established at the date of the publication of this Act" and insert in lieu thereof the words "Said Director may extend the time for completion, or in his discretion refuse to deliver water to such The use or taking of water by such ditch owner after such refusal by the Director of Public Works until the completion of such head gate or measuring device and the approval thereof by the said Director shall constitute a misdemeanor under this Act;" lines 26 and 27, strike out the words "Irrigation Council" and insert in lieu therof the words "Secretary of Commerce and Police."

owner.

Section 45, page 30, lines 7 and 8, strike out the words "In the course of the surveys and investigations of any system” and insert in lieu thereof the words "In the performance of his duties under this Act;" and in lines 9 and 10, strike out the words "with the assistance of the president or his representative.”

Section 49, page 31, strike out in its entirety.

Section 52, page 31, line 30, and page 32, lines 1 and 2, strike out the words "nor of the irrigation svstems now existing on the so-called friar lands or hereafter especially established for the same.” Section 53, page 32, strike out in its entirety.

Section 54, page 32, line 13, strike out the word "incompatible” and insert in lieu thereof the word "inconsistent."

Insert a new section numbered 53 to read as follows:

"SEC. 53. The short title of this Act shall be 'The Irrigation Act.'"

Section 55, page 32, amend to read as follows:

"SEC. 55. The public good requiring the speedy enactment of this bill, the same shall take effect upon its passage.”

The Irrigation bill as originally drawn imposed upon the Secretary of Commerce and Police the duty of determining under proper restrictions whether the public interest requires the construction of a particular irrigation project by the Government. Upon the suggestion of the conference committee from the Assembly, the committee from the Commission agreed to impose this duty upon an Irrigation Council, to be composed of the Secretary of Commerce and Police, the Director of Public Works, the chairmen of two committees from the Assembly, and an additional member to be appointed by the Governor-General. There can be no objection to such a council, if properly constituted, as it could serve many useful purposes, and share with the Secretary of Commerce and Police the responsibility

involved in entering upon large and expensive projects. It was conceded that the administrative duties involved in the working out of the law must be imposed on the head of the Department, instead of upon the committee, which like all committees, must necessarily be poorly adapted for the performance of such duties.

The bill. which has now been passed by the Assembly, creates an Irrigation Council consisting of the Secretary of Commerce and Police, the Director of Public Works, and three agriculturists to be appointed by the Speaker of the Philippine Assembly, and imposes upon this Council the administrative duties which belong properly to the head of the Department, who is charged by law with executive control over the Bureau of Public Works, which must construct all irrigation projects.

The provision is subject to two radical defects. First, it seeks to impose the executive duty of appointing three of the members upon the Speaker of the Assembly, a duty which being purely executive, must necessarily be performed by the Governor-General. This principle is so important that it should not in any case be permitted to be violated. The Speaker of the Assembly presides over a legislative body, and can not without violating the most elementary principles of constitutional law be charged with the executive duties which belong to the Chief Executive.

Another objection is found in the various provisions which impose the duty of supervision and management upon the Irrigation Council. Committees can never properly perform administrative work, and the injection into the work of the Department of Commerce and Police of a committee with control over the actions of one of the Bureaus, thus depriving the head of the Department of the control imposed by law, is not in the interests of good government.

An Irrigation Council may properly be created for the purpose of advising the Secretary of Commerce and Police or even determining the primary proposition whether the construction of a particular project shall be entered upon, but it should not be permitted to participate in the administrative work of the Department, which under existing law is in the hands of the Secretary of Commerce and Police, subject to the general supervision of the Governor-General.

For some reason which is not understood, the Assembly has attempted to repeal that part of Act No. 1854 which makes a permanent appropriation for irrigation work. Should the Commission agree to this, it would result in the complete disorganization of the irrigation work, and leave the entire work adrift without guide or compass. In the nature of things it would be impossible for any serious work to be entered upon without the certainty which comes from definite knowledge as to future appropriations.

Other amendments which have been recommended are as a rule merely verbal, or necessary to make effective the two general propositions to which reference has been made.

Paragraph 32 has been reinstated as it stood in the bill when passed by the Commission at the last session.

Respectfully submitted.

C. B. ELLIOTT,

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

To the Honorable,

the PRESIDENT OF THE PHILIPPINE COMMISSION.

The report was received, and

On motion by Commissioner Araneta,

Consideration of Assembly Bill No. 611 was made a special order for Monday, January 8, 1912, immediately after the approval of the Journal.

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. 984.)

Thereupon, at 11 o'clock and 40 minutes antemeridian, On motion by Commissioner Elliott,

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

Attest:

GEO. C. SCHWEICKERT, Secretary.

Second Philippine Legislature.

Second Session.

JOURNAL OF THE COMMISSION.

SATURDAY, JANUARY 6, 1912.

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

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

The President being temporarily absent from the Session Chamber, Commissioner Gilbert took the chair.

READING OF JOURNAL.

The Journal of Friday, January 5, 1912, was read and approved.

APPOINTMENT OF COMMITTEE ON THE RICE SITUATION.

The Chair announced the appointment by the President of Commissioners Araneta, Branagan, and Palma as members on the part of the Commission of the committee authorized by Joint Resolution No. 4 to investigate the crisis in rice and other food grains, and to recommend to the Legislature the adoption of new measures to avert the consequences thereof.

MESSAGE FROM THE ASSEMBLY.

JANUARY 5, 1912.

MR. PRESIDENT: I have the honor to inform you that the honorable the Speaker of the Philippine Assembly has appointed Messrs.

Joaquín D. Luna, Mónico R. Mercado, and Hermenegildo Villanueva as members of the select joint committee on the part of the Assembly, authorized by Joint Resolution No. 4 of the Legislature, entitled "Joint Resolution creating a select joint committee to investigate the crisis in rice and other food grains, and to recommend to the Philippine Legislature the adoption of new measures to avert the consequences thereof."

Very respectfully,

To the Honorable,

RAMÓN DIOKNO,

Secretary, Philippine Assembly.

the PRESIDENT OF THE PHILIPPINE COMMISSION.

Ordered filed.

At this point the President entered the Session Chamber and assumed the chair.

THIRD READING OF BILL.

Commission Bill No. 151. An Act amending Act Numbered Eightytwo, known as the Municipal Code, by authorizing municipal councils. to close municipal roads, streets, alleys, parks, or squares, for governmental purposes.

Commission Bill No. 151 was read the third time.

Commissioner Elliott moved the following amendment: Section 1, page 2, line 1, strike out the words "paying due indemnity to" and insert in lieu thereof the word "indemnifying."

The motion prevailed.

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

Commissioner Araneta moved to amend the title by striking out the words "known as" and inserting in lieu thereof the word "entitled."

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.

REPORTS OF STANDING COMMITTEES.

[Committee Report No. 331.]

MR. PRESIDENT: Your Committee on Matters Pertaining to the Department of Finance and Justice, to which was referred on December 11, 1911, Assembly Bill No. 700, entitled "An Act amending section two of Act Numbered Seventeen hundred and eight,

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