Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-17
CLAUSE KNOCKED OUT
Drastic Provision Regarding
Superannuated Clerks.
POINT OF ORDER RAISED
Mr.. Goulden's Objection Sustained
by Chair.
LIVELY SCENE IN THE HOUSE
Chairman Tawney Moves to Amend
the Legislative Bill by Retaining
the Existing Requirement.

| The anticipated row over the drastic
superanuuation provision in the legisla-
tive. executive and judicial appropriation
bill came off schedule time today.
| The reading clerk had hardly got the last
words of this provision out of his mouth
when Representatives Goulden of New
| York and Keifer of Ohio were on their
feet demanding the privilege of the floor.
Mr.. Goulden won by a nose. and imme
diately made a point of order against the
pcrvision on the ground that it was an
| affirmative limitation" and also on the
general ground that it conflicted with the
civil service laws and regulations. In
support of his contention that it was an
affirmative limitation" upon the appro-
priaton. and therefore subject to his
| structures, he quoted that portion of the
| paragraph which says land the heads Of
departments shall cause this provision to
be enforced either by the demotion or re-
moval of such person from the public
service
This affirmative Language refers, as he
pointed out. to the provision that no
money appropriated in the bill should be
available for the compensation "of any
persons inca pa citated for performing the
service for which such person has been
employed"
| Committee Action Defended.
| Representative Gillette. a member of
the House appropriations committee. de-
| Tended the action Of the committee say
ing that it had been inserted in lieu of
the former provision of like nature. in
| order to give greater latitude and discre-
| ton to heads of departments. and that it
| was really for the benefit of the en-.
| ployes.
Gen. Keifer then jumped to his feet,
| crying: The gentleman from Massachu
sets conceded that this section is new
| legislation and therefore subject to a
| point of order
Il did not cOncede any such thing" re-
sponded Mr.. Gillette.
The gentleman from Massa chusetts
did not cOncede that there was no law
In existence that would apply to APP
preparations under this bill said Gen.
Keifer He might as we'll admit it as
to deny it. as it is perfectly clear to
everybody that 1T is new legislation.
had plenty of time to investigate this.
as am member of the appropriations
committee. but I was told that the pro-
vision in this bill was just the same as
in the previous bill. But find that that
statement was an error
Gen. Keller then made the charge that
the inclusion of the paragraph in this
form was just another met hod of attempt
ing TO do what had failed in a previous
Congressional is, to get the old soldiers
and other old employees out of the gov
eminent departments.
THAT was stricken out at that time
| cried Gen. Keifer. land here we have
! another proposition to do the same thing.
| ] appeal to the members of this House to
strike this out too"
Gen. Keifer then compared the two pro-
visions-the one in the present bill and
| the one Of last year-to show his idea Of
what had been attempted.
Chairman Tawney Explains.
Representative Tawney of Minnesota
chairman of the House appropriations COM
mittee then took the Moor. He fatty de-
MED that there was the slightest reference
in this provision to approximation or
| that the committee had any idea of pro-
viding any approximation proposition by
favorably reporting the provision In Dues
ton.
He remarked somewhat sarcastically
| that although this clause. in a different
| form. had been carried in the legislative.
executive and judicial appropriation bill
| for the past ten years, this was the first
| time 1t had provoked any discussion on
| the floor. or in the local press.
| He insisted. moreover. that heretofore
| the language had been even more drastic
| than tlrat of the provision included in the
| bill under considera ton
! He declared that heretofore heads of
| departments were forced to dismiss an
| employe who was incapa citated and did
not have the alternative of demoting such
| employee. which was provided by the pro-
vision under discussion. He said that the
! committee had endeavored to liberalize
the previously adopted paragraph by Civ
| ing the heads of departments this dis
| erection. which had been lacking hereto
| fore.
| Mr.. Tawney becoming sarcastic again.
| remarked that he could understand why
| some members of the House made a noise
on the floor about the provision. 1t tend
ed 10 give them popularity in their dis
| tricts. He could also understand. he said.
| why the local press had taken up the mat
ter. 1t tended 10 increase their circula :
ton. But he insisted that not single
| member of the House could truthfully say
| that the provision had the slightest thing
to do with approximation.
| "a man may be one hundred years
old" cried Mr. Tawney. land If he does
his work properly and has capacity for
it he cannot be dismissed under the pro-
vision of this paragraph, which has
| created such uproar."
Defenders Of the old clerks. replying to
| Mr. Tawney. insisted that, while super
! animation was not mentioned in the pa ra-
graph. just the same. in the enforce
| ment of ii. there would be reached. In ef-
feet. 81 condition which would approx
mate the operation of a approximation
| law.
Provision Eliminated.
After considerable more heated discus
sions the chair ruled that the House had
no right to uphold an affirmative lmita-
ton of the nature of the paragraph In
question within the limits of an appro-
priation bill, and sustained the point OF
order made by Representative Goulden of
New York thus eliminating the obnoxious
provision from the bill.
The decision of the chair was received
with the greatest interest, the House hav-
ing practically filed up during considera-
tion of the paragrsp phi. demonstrating the
interest of members in the proposition.
Following the decision of the chair.
| Chairman Tawney, realizing that the
committee proposition had no show. Of
fered an amendment, which was ac-
cepted, leaving the provision just as 1t