Second Philippine Legislature. Second Session. JOURNAL OF THE COMMISSION. MONDAY, OCTOBER 23, 1911. The Commission met at the call of the Chair at 10 o'clock and 30 minutes antemeridian. 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 Saturday, October 21, 1911, was read and approved. THIRD READING AND PASSAGE OF BILLS. Commission Bill No. 111. An Act to amend section seven of Act Numbered Five hundred and thirty, entitled "An Act defining the jurisdiction of the civil and of the military authorities over lands reserved by the President of the United States for military purposes," by providing for the manner of making arrests and serving subpoenas on military reservations, or in camps or barracks. By unanimous consent, Commission Bill No. 111 was read the third time by title only. The question then being upon its passage, the roll was called and the bill was unanimously passed, and the title read and approved. Ordered, That the Secretary request the concurrence of the Assembly in the bill as passed. Commission Bill No. 112. An Act to amend Act Numbered Three hundred and fifty-five, known as the "Philippine Customs Administrative Act," by including vessels within the provisions of sections three hundred and twenty-two and three hundred and twenty-three thereof, and by making it the duty of the prosecuting attorney of the city of Manila to prosecute violations of the customs laws. By unanimous consent, Commission Bill No. 112 was read the third time by title only. The question then being upon its passage, the roll was called and the bill was unanimously passed. Commissioner Palma moved to amend the title by adding at the end thereof the words "in said city." 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. REPORT OF STANDING COMMITTEE. [Committee Report No. 241.] MR. PRESIDENT: The Committee on Matters Pertaining to the Department of Finance and Justice, to which was referred on October 16, 1911, a recommendation contained in the message of the GovernorGeneral for the amendment of the Penal Code with reference to the penalty for falsification of a public document, the Supreme Court of the United States having declared the penalty at present inflicted cruel and unusual, has examined the same and has the honor to report it back to the Commission with the following recommendation, viz: That the accompanying bill, prepared in accordance therewith, be passed. Respectfully submitted. To the Honorable, GREGORIO ARANETA, Committee on Matters Pertaining to the the PRESIDENT OF THE PHILIPPINE COMMISSION. The report was adopted, and the following accompanying bill was then taken up and considered: Commission Bill No. 113. An Act amending articles fifty-six, fifty-seven, one hundred and six, two hundred and fifty, two hundred and fifty-two, three hundred, three hundred and one, three hundred and three, and three hundred and sixteen of the Penal Code, by making certain changes in the penalties. Commission Bill No. 113 was read the first and second times and referred to the Committee of the Whole. It was considered in committee and reported to the Commission with the recommendation that it pass. The report and recommendation of the Committee of the Whole were adopted, and the bill was ordered on file for third reading. INTRODUCTION OF BILL. Commissioner Elliott introduced the following bill: Commission Bill No. 114. An Act authorizing the Secretary of Commerce and Police with the approval of the Governor-General to contract with any railroad company in the Philippine Islands for the construction and maintenance of joint railroad and highway bridges on its lines of railroad, appropriating the sum of five hundred thousand pesos to pay the Government's proportion of the cost of construction and maintenance of the bridges so contracted for, and providing for the apportionment by the Governor-General of the expense of maintenance of such bridges between the provinces and municipalities concerned. Commission Bill No. 114 was read the first and second times and referred to the Committee of the Whole. It was considered in committee and reported 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. REPORTS OF STANDING COMMITTEES. [Committee Report No. 242.] MR. PRESIDENT: The Committee on Matters Pertaining to the Department of Finance and Justice, to which was referred on October 20, 1911, Commission Bill No. 110, entitled "An Act defining habitual criminals and providing additional punishment for the same," has examined the same and has the honor to report it back to the Commission with the following recommendation, viz: That the bill pass with the following amendment: Section 1, lines 11 to 15, inclusive, strike out the words "This additional punishment shall be imposed by the Court of First Instance which took cognizance of the last offense, or within whose jurisdiction the last offense was committed, or the Court of First Instance in the province wherein the prisoner was confined at the time the last conviction became final," and insert in lieu thereof the following: “This additional punishment shall be imposed by the Court of First Instance in the province where the prisoner was confined as a result of his last conviction, or by the Court of First Instance which took cognizance of the last offense if at the time proceedings were started the prisoner was not in confinement." This also disposes of the recommendation on this subject contained in the message of the Governor-General, referred to your committee on October 16, 1911. Respectfully submitted. To the Honorable, GREGORIO ARANETA, Committee on Matters Pertaining to the the PRESIDENT OF THE PHILIPPINE COMMISSION. The report was adopted. Commission Bill No. 110 was then read the second time as amended and referred to the Committee of the Whole. It was considered in committee and reported 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. [Committee Report No. 243.] MR. PRESIDENT: The Committee on Matters Pertaining to the Department of Commerce and Police, to which was referred on October 18, 1910, resolution No. 8 of the convention of municipal presidents of Tarlac, held in April, 1910, petitioning for the enactment of a law amending subsection (j) of section 43 of the Municipal Code by making the tax on carts with narrow tires and wheels rigid with the axles purely a municipal tax, or that the use of said carts be permitted on all improved provincial roads during the dry season, has examined the same and has the honor to report it back to the Commission with the following recommendation, viz: That it be laid on the table. Attention is invited to the following extract from a letter of the Director of Public Works of December 3, 1910, on this subject: "At two recent meetings of the Committee on Public Works I have been asked to recommend in regard to the use of improved roads by carts with wheels fixed to the axle and by sleds. I stated that the use of the road by narrow tired carts, or carts with wheels fixed to the axles, was so destructive that it could not be considered. In regard to the sleds, I stated that the damage was less, but from the point of view of road work it was inadvisable to permit their use, as such use would increase the cost of the maintenance; that, as Director of Public Works, it was particularly my duty to point out this fact, but that the question was one of public policy to be determined whether the benefits to the people by such use would outweigh the increased cost to the public in maintaining the road. The use of narrow tires with fixed axles, however, was so destructive to the road that it would be practically impossible to maintain them if their use were permitted." Your committee does not think that any change should be made in the present law. Respectfully submitted. To the Honorable, C. B. ELLIOTT, Committee on Matters Pertaining to the the PRESIDENT OF THE PHILIPPINE COMMISSION. The report was adopted. [Committee Report No. 244.] MR. PRESIDENT: The Committee on Municipal and Provincial Governments, to which was referred on October 17, 1911, resolution No. 37 adopted by the convention of municipal presidents of Occidental Negros asking for the amendment of subsection (a) of section 4 of Act No. 1691, so that third-class municipalities shall not expend in any calendar year for salaries and wages of municipal officers and employees over 75 per cent, and fourth-class municipalities over 80 per cent of their general funds, has examined the same and has the honor to report it back to the Commission with the following recommendation, viz: That the petition be denied. The request purposes to increase the amounts which may be expended in third and fourth class municipalities, and as such expenditures would decrease the funds set aside for public works, and the municipal presidents of Occidental Negros have given no reason for the amendment, your committee is of the opinion that the petition should be denied. Respectfully submitted. To the Honorable, JOSE R. DE LUZURIAGA, Chairman, Committee on Municipal and Provincial Governments. the PRESIDENT OF THE PHILIPPINE COMMISSION. The report was adopted. |