The Washington herald., 1913-02-05

and was offered as an abrogation Of II
under the Holman rule. which permits
legislation upon an appropriation bill
when such legislation will reduce ex-
penses. The amendment in question was
to add to the item, Ito be paid out
OF the revenues Of the District OF Co
lumbia-"
In ruling on the point of order, Chaiy-
man Roddenbery said:
''Ir the opinion of the chair the ques-
ton presented In the bill specincaiiy
raised by the point Of order Is more o, y
a legal question than n parliamentary one
In fact, IL Is purely a legal question.
Once the legal elements are properly as
sembled and prepared. the construction u
clear. The chair has carefully consioeIeu
the ruling of Mr.. Chairman Payne tine
chair referred to the ruling when Repre-
sentative Diamond OF Missouri intro
duced his amendment requiring that tne
item carried in the Appropriation Dill Oh
1896 be borne entirely from the revenues
of the District. rendered on FEBRUARY
4, 1886, holding that the payment OF TINS
item was chargeable haf-and-nali ~ ~
the United States and the Distriee VI
Columbia
"Tbe chair has also with equal care
examined the ruling OF Mr.. Chairman
Garrett holding that the government Oh
the United States was authorized 10 ap.
propriate for the payment OF the interes
and sinking fund and that It was the
duty of the Treasury Department 10. see
that the amount was credited accord
ing TO the law. The chair has the great
est respect for the opinion OF uotn
chairmen. and dislikes to rule contrary
to their decision, but the chair acuhs
in a quasi judicial capacity, feels thar u
Is his duty to rule In accordance WIN
his views of the law.
THE chair is OF the opinion that tne
act of June II. 1873. and June 20. B's
authorize the United States to advance
sufficient sums to pay the interest and
sinking fund in the District OF Columbia
hut the entire amount Is chargeabie 70
the District OF Columbia. In the opinion
of the chair all sums appropriated by
the present bill are disbursed In accord
ance with the provisions OF the bin
and not In accordance with some other
statute law. The only bearing other acts
can have on the question under con-
sideration is whether or not there is law
authorizing an appropriation TO be made
in this bill.
"Construing the half and half provi-
sion as II appears on the first page and
in the first section of this bill In con-
nection with the item to which the
pint OF order Is made. the chair Is
forced to the legal conclusion that one
half OF the amount would be charged
to the United States and one-half to the
District OF Columbia. That is, that under
this act. II 1t is passed, one-half is
chargeable TO the District funds and
one-half to the Federal Treasury. and
that neither the Secretary of the Treas
ury nor any other administrative nor dis
bursting officer could apply 1t in any
other way.
THE chair is of the opinion that under
the acts of 1873 and 1873, the entire
amount is Chargeible TO the District.
and. therefore. is of the opinion that
there is no law authorizing the provision
as incorporated in this bill Therefore.
the chair must sustain the point Of or
der.
The chair has no sensitive pride of
opinion. and would be glad 20 entertain
an appeal so that the committee. COM
posed largely. as II is, of able lawyers,
may pass finally. II It may be SO con-
strucd, upon the question"