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REPORT OF SELECT COMMITTEE.

[Committee Report No. 385.]

MR. PRESIDENT: Your select committee of three, to which was referred on January 19, 1912, Commission Bill No. 165, entitled "An Act authorizing the Governor-General to sell the real property of the Government of the Philippine Islands known as the Ice Plant for a sum not less than two million pesos, to give to the purchaser a good and sufficient title to said property, 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:

Page 1, lines 1 and 2, strike out the words "of the Philippine Islands, hereinafter called the Governor-General."

Page 1, lines 7 and 8, strike out the words "lands and buildings occupied by the United States for military purposes," and insert in lieu thereof the words "approach to the Colgante Bridge."

Page 1, line 12, after the words "Governor-General," insert the words "before selling the plant."

Page 2, line 17, after the words "rate of" insert the word "six." Page 3, line 7, after the word "necessary," insert the words "minimum space to be rented to the public for storage and."

Page 3, line 9, after the word "plant," insert the words "and meats, fruits, vegetables, and other foods stored therein."

Special circumstances made it advisable for the Government to establish and operate an ice plant in Manila. These circumstances have now disappeared, and in the opinion of your committee if the Government can advantageously sell the plant, no good reason exists in favor of the Government's retaining this property. The sale as proposed in this bill your committee believes to be an advantageous one for the Government. The bill contains, moreover, certain restrictions which will prevent the purchasing company from unduly raising the price of ice or water, or of meats or other foods stored therein.

Respectfully submitted.

GREGORIO ARaneta,
RAFAEL PALMA, ·
FRANK A. BRANAGAN,

Committee.

To the Honorable,

the PRESIDENT OF THE PHILIPPINE COMMISSION.

The report was accepted, and Commission Bill No. 165 was thereupon read the second time, together with the

report of the select committee thereon, referred to the Committee of the Whole.

It was considered in committee and reported back to the Commission with the following recommendation:

That the amendment recommended by the select committee be concurred in.

That the bill be further amended as follows:

Amend section 1 to read as follows:

"SECTION 1. The Governor-General is hereby authorized and empowered to sell, grant, and convey the property of the Government of the Philippine Islands, hereinafter called the Government, situated on the shore of the River Pasig between the bridge of Santa Cruz and approach to the Colgante Bridge, including all the buildings, machinery, vehicles, animals, equipment, and supplies thereon which are now used in the operation of what is known as the Insular Cold Storage and Ice Plant, hereinafter called the plant, except the land whereon the same is located, hereinafter called the land, and to lease the land to the buyer of the plant for a term not exceeding ninetynine years under the terms and conditions hereinafter set forth."

Section 2, after the words "The Governor-General before selling the plant" insert the words "or leasing the land;" page 2, line 1, after the word "sale" insert the words "and the land for lease;" line 2, after the words "said sale" insert the words "and lease."

Section 3, page 2, lines 12 and 13, strike out the words "before the deed to or conveyance of the plant shall be delivered" and insert in lieu thereof the words "before the conveyance of the plant and lease of the land shall be delivered;" line 13, strike out the words "such deed or conveyance" and insert in lieu thereof the words "such conveyance and lease."

Section 6, page 3, lines 12 and 13, strike out the words "for the operation of the plant and for the supervision thereof as described."

Section 7, page 3, line 22, strike out the words "The deed, grant, or conveyance issued" and insert in lieu thereof the words "The conveyance of the plant executed;" line 25, after the words "preliminary to the sale" insert the words "and lease;" line 27, strike out the word "deed” and insert in lieu thereof the word "conveyance;" lines 28 to 32, strike out the words "and in the land and building and other improvements being a part thereof and in all the property, machinery, apparatus, vehicles, animals, equipment, and supplies in and about the said plant, but not such property, animals, vehicles, and equipment not kept" and insert in lieu thereof the words "excepting such property, animals, vehicles, and equipment as are not kept."

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Strike out section 8 and insert in lieu thereof the following new sections:

"SEC. 8. All money received under the provisions of this Act is hereby appropriated for the improvement of Insular property in the city of Manila, to be expended under the direction of the Secretary of Commerce and Police for the construction thereon of bridges, wharves, piers, and docks, and for Government warehouses for receiving and handling merchandise on the same.

"SEC. 9. Section nine of Act Numbered Three hundred and fifteen, entitled 'An Act creating a Bureau of the Cold Storage and Ice Plant, and providing the method of conducting said plant and the personnel and salaries of the employees therein' as amended, is hereby further amended so as to read as follows:

"SEC. 9. Should there be any cold-storage space available not required by the Army of the United States under its contract with the Government of the Philippine Islands, such space may be made available for private individuals at prices to be fixed by the superintendent with the approval of the Secretary of Public Instruction.

"Ice and distilled water produced in the plant, if in excess of the demands for the purposes specified in sections seven and eight, may be disposed of to the public at large under regulations and at prices to be fixed by the superintendent with the approval of the Secretary of Public Instruction.'

"SEC. 10. This Act shall take effect on its passage except section nine hereof which shall take effect January first, 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.

REPORT OF STANDING COMMITTEE.

[Committee Report No. 386.]

MR. PRESIDENT: Your Committee on Matters Pertaining to the Department of Finance and Justice, to which was referred on January 4, 1912, Commission Bill No. 150, entitled "An Act creating the office of shipping commissioner, defining his duties, regulating the shipment and discharge of seamen in domestic vessels, the adjudication of wage disputes in certain cases, the relief of distressed seamen, the settlement of the estates of deceased seamen, 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 laid on the table as this matter has been taken

care of in the amendment already recommended by your committee to Assembly Bill No. 940 on the same subject.

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 and the recommendation contained therein were adopted.

REPORT OF SELECT COMMITTEE.

[Committee Report No. 387.]

MR. PRESIDENT: Your select committee of one, to which was referred on January 13, 1912, Commission Bill No. 159, entitled "An Act amending section twenty-five (d), Act Sixteen hundred and ninety-eight, known as Revised Civil Service Act," has examined the same and has the honor to report it back to the Commission with the following recommendation, viz:

That the bill be laid on the table as this matter has been taken care of in the amendment already recommended by your committee to Assembly Bill No. 929 on the same subject.

Respectfully submitted.

To the Honorable,

GREGORIO ARANETA, Committee.

the PRESIDENT OF THE PHILIPPINE COMMISSION.

The report and the recommendation contained therein were adopted.

REPORT OF STANDING COMMITTEE.

[Committee Report No. 388.]

GENTLEMEN: The Committee on Matters Pertaining to Bureaus under the Executive Control of the Governor-General, to which was referred on January 20, 1912, Assembly Bill No. 960, entitled "An Act amending section one of Act Numbered Sixteen hundred and ninety-eight entitled 'An Act for the regulation of the Philippine civil service,' '" has examined the same and has the honor to report it back to the Commission with the following recommendation, viz: That this bill be laid on the table.

At the time of the passage of the original Civil Service Act employees then in Government service were allowed to retain their positions in spite of the fact that many of them did not and could not

qualify in the examinations required of new appointees. Thus men appointed in the early days when the machinery for ascertaining the best qualified by competitive civil-service examinations was not in operation, were allowed to retain their positions while other better qualified men were unable to secure appointment. For those employees who entered the service prior to the passage of the original Civil Service Act, as well as for all other members of the service, promotion is not allowable to any higher position until the examination prescribed for that position shall have been passed.

Section 3 (i) of Act No. 1698 requires competitive or noncompetitive promotion examinations whenever practicable. Persons who entered the classified service without examination may be promoted on simply passing noncompetitively the examination required for original appointment to the position to which promotion is proposed. This gives the employee who was appointed without examination a great advantage over persons not in the service, as by simply obtaining 70 per cent on the examination he may receive the appointment even though persons not in the service should obtain very much higher ratings in the examination. In the opinion of the undersigned, no person should receive promotion to any position who cannot pass noncompetitively the examination which would be required of persons outside of the service to obtain appointment. Mere length of service should not permit the promotion of persons who are so poorly equipped as to be unable to pass noncompetitively the required examination.

The proposed amendment applies only to persons receiving less than 2,000 per annum. If passed, employees receiving more than #2,000 per annum, who are also ineligible for promotion by reason of inability to qualify, would undoubtedly consider that an injustice was done them and would urge similar legislation in their behalf.

A person who enters the classified service as a result of a low-grade examination is not eligible for promotion beyond the salary limit prescribed for the examination taken by him until he passes a higher examination. Under the proposed amendment a second person, receiving the same salary as the first, who had entered the service without any examination, would be eligible for promotion to the next higher class even though he might not be able to pass the higher grade examination, or even the low grade examination which was taken by the first person. It is difficult to see why the second person should be given by law any greater consideration than the first one who entered the classified service as a result of competitive examination and not by merely being blanketed into the service.

The present law leaves the subject of promotions to be regulated by civil-service rules proposed by the Director of Civil Service and approved by the Governor-General. It is believed that the matter

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