Evening journal., 1913-03-08
continued From Flrst Page.

prescribed for candidates from the
United States, and that he shall be
Immediately withdrawn if deficient in
studies or conduct and so recommend
ed by the academic board: And pro-
yided further, That in the case Of the
said John c. Scholtz the provisions of
sections 1920 and 1921 of the Revised
Statutes shall be suspended
Mr.. DUPONT. ] should like to ex-
plain that this amendment embodies
the substance of a joint resolution
which has already been passed by the
Senate. It was offered here upon the
recommendation of the State Depart
ment and approved by the War De-
partment. II appears that in the con-
gestion of business in the other Ho0se
it will be impossible to pass it there.
So at the request of some members Of
the Military Committee of the House
I have proposed to attach II to this
bill.
The amendment was agreed to.
Mr. Fletcher l offer the following
s amendment.
The President pro tempore. It will
be read.
The Secretary. On page ., line 5,
after the amendment agreed to at that
point, insert:
Provided further. That the Presi-
dent be. and he is hereby, authorized
to reassemble the court-martial, or
as many members thereof as practi-
cable, not less than the minimum
prescribed by law. which on August
i6. 1911. tried Ralph l. Sasse, Ellicott
Fl. Freeland, Tattnall ID. Simkins, and
n radrtc the
Corps of Cadets of the United States
Military Academy at West Point ~
Y. for having violated on August a.
1911. paragraph No 1872 Of the former
regulations of the said academy and
sentenced them to be dismissed from
the service, and to resubmit the case
of any one or more of said cadets
upon his or their application to said
court for reconsideration of the SEN
tence: and upon such reconsideration
the court is authorized to construt
said paragraph as not necessarily re-
uuiring a sentence of dismissal. bu
as permitting a lesser punishment as
provided in paragraph No. l42 OF th'
current regulations approved June 10
1911 and to modify the sentence ac
cordingly: And provided further, Tha
the President be, and he is hereby
authorized to carry such modified
sentence or sentences into effect. not
withstanding the prior dismissal o
said cadets. by reinstating them in ac
cordance with the terms and condi
tions of the modified sentence as ap
proved by the President
Mr.. Bristow. ! make the point o
order that that is general Legislation
on an appropriation bill.
Mr.. Fletcher Will the Senate
from Kansas he kind enough to stat
his point of order?
Dir. Bristow. It is legislation o.
an appropriation bill
Mr.. Fletcher Mr.. President, ! de
sire to say that this joint resolutlo
passed the Senate at the present ses
sion of Congress. IT. went TO tn
4 House and was referred to the apprc
priate committee there, and Il wa
n fayorablv reported and entered o
the House Calendar II will probabl
require unanimous consent before
can he reached. It is a resolutio
which has already passed this boo
and it has been favorably reported 3
e the appropriate committee in n
other body.
I do not see that the point of orde
can be well taken. / suppose it res
under Rule XVI I do not know whi
mart of that rule il has reference I
A If it is under the first part of ii
rule. then the amendment is in pu
guance of a resolution which has pr
81 viously passed the Senate during tn
session and is excepted from the rul
If 1t has reference to the question
relevancy, then II would be covere
"a bv subdivision 3 of Rule XVI. I ia
n 10 find any language in that rule
accordance with the point suggest'
81 bv the Senator from Kansas.
Mr.. Bristow. The Senator mu
realize that this is legislation. II
IS changing existing law under Il
rule. IL can not be added to an a
propriation bill The rule Of Il
Senate is we'll known. It has pro
ably been appealed TO a hundr'
times in the last 10 days.
Mr. Fletcher. should like to ha
the Senator specify the provision
the rule where he finds a rule IN
warrants and iustiies the oblecti'
which he makes. Will he point 1t ou
Mr.. Bristow Rule XVI.
Mr.. Fletcher. What part of it?
Mr.. Bristow There are three
eral LEGISLATION shall be received
any general appropriation bill.
The President pro tempore. L
Chair is prepared to rule upon I
Is point Of order.
Mr. Fletcher I should say, \
President. that this could scarcely
called general legislation. I belle
The point was raised in the Hou
that it was improperly on the calc
aar there because il was not gcnel
legislation; that II should he clas
fed under the head of private bi
rather than bills of a general !
'ure ! do not see that il is genei
legislation II would be legis at
that applies only to those particu
cadets and to this particular case.
can not he classed as general leg
lation II does not cover all cases
avcn similar character arising
81 the academy. II refers partcula
10 these individuals and to this p
81 ,icular case. and it is not gene
legislation. II can not he consider
Il general legislation. It refers to a p
tiouisr instance.
The report shovs-and | will "a
the time of the Senate, If II is desir
10 go into that-the reason why 1
special provision is sought 10 be
acted under the joint resolution VIII
passed this body and is pending
The other House II is not gene
z legislation. II could only he claim
z that it is special legislation. and q
does not come within the rule. Z
reason. as I said. as set forth in
rpnort on This sl1hicct is that tho