Evening star., 1923-01-06
DISTRICT STREET
PROGRAM SAVED
BY HOUSE ruling
Effort of Mr.. BIanton to Kill
Appropriation for High
way Plan Fails.
HICKS, IN CHAIR, HOLDS
AGAINST POINT OF ORDER
Provision in 1914 Act Declared to
Be Permanent and Proper in
Present Bill.

A decision favorable to the District
was given by Representative Hicks
of New York, presiding in the COM
mittee of the whole in the House to-
day, on the District appropriation
bill, when he overruled point of or
der by Representative Blanton, dem
ocrat, Of Texas, which would have
seriously impeded the opening, widen
ing and extension of streets in the
District in accordance with the high
way plan.
A bitter fight yesterday afternoon
resulted from this point of order
being made by Representative Blan-
ton to an item carrying an indefinite
appropriation, under which the Dis
trict Commissioners would carry out
the provisions contained in the Dis
trict appropriation act for the fiscal
year 1914, which authorized the open
ing, extension or widening of streets,
avenues, roads or highways to con-
form with the plan of the permanent
system of highways in that portion
of the District outside of the cities OF
Washington and Georgetown.
The fight started yesterday was
continued for more than an hour to-
day. Chairman Cramton of the sub
tended that this provision was per-
manent law and not subject to a point
of order. He laid before the House
facts supplied him by the District
Commissioners showing what seri-
Gus embarrassment it would be in
street development and in improving
housing facilities il this legislation
was stricken from the bill. The lead
ing parltamentarians supported Chair
man Cramton'S contention
Decision In Writing.
The unusual proceeding of hand
ing down his DECISION in writing was
resorted to by Representative Hicks
in order that there might be no mis-
understanding of the reasons for
Foverruling the point of order. he
said:
THE chair admits that this point OF
order is a rather close one and so far
as the chair has been able to ascer-
tain there are no precedents covering
the exact situation presented.
Ihe erIns present occupant Ss s, Of the chair
render decisions involving the plac-
ing of legislative provisions on ap-
preparation bills, and has uniformly
held that unless 1t was clearly evident
that such legislative authorization
incorporated in appropriation bills
was of a permanent character the au-
thorization thus created would termt-
nate at the end of the fiscal year
1Ol "hASh tAO oPPA AOPl lldIAOhS nGlO
made.
1T has been. suggested that the test
of permanency of legislation on an ap-
preparation bill should rest upon the
use or non-use of the word hereafter
and while this is the usual and more
positive method of making legislation
permanent, the chair dissents from the
view that this is the only test, for the
chair feels that other words might
easily be and frequently are employed
- nj 1Ich he
by reference to the appropriation
act of 1914. the chair finds that the
Legislative authority for the extension
of the highway systematic perma-
nency of which authority is now dis
puted-is clothed in this phraseology,
That the Commissioners of the Dis
trict of Columbia are authorized
whenever in their judgment the pub
lis interest requires it it seems to the
chair that the word whenever as
used in this act Is for all intents and
purposes synonymous with the word
hereafter.
Intended ns Permanent.
From a practical standpoint, it is
hardly conceivable that comprehen-
sive plan for streets in a great, rapid
ly growing city could be matured in
any fiscal year, or that future needs
could be accurately anticipated In
any twelve-month period. Any plan
devised by any board of engineers
would undoubtedly have to be modi-
fed with the growth and development
of the city.
From the parliamentary stand
point. the chair is cognizant of the
fact that under the act of 1911. streets
have been opened and extended with
out additional legislation and thai the
courts have sustained condemnation
proceedings under that act. BY the
use Of the word whenever and in
terpreting the purpose of Congress
by the scope of the authority grant
ed in 1914, il seems to the chair that
it was the evident intention to make
it an authorization permanent IN
character and the chair. therefore,
overrules the point of order.
Branch Library Item Omitted.
In the first five hours spent on the
bill by the House yesterday only one
fourth of bill was gone over ana,
aside from striking out the Mount
Pleasant branch library item, only
minor changes were made.
The next most important change
was through an amendment by Rep
resentative Ben Johnson Of Ken
lucky, democrat, and former chair
man of the House District commit
tee. which proposes to reduce the al
lowance made to District employees
who use their own automobiles and
motor cycles in performance OF their
official duties. The bill as reported
carried SZO d 1OL duhOLtlOdlASS
and $13 a month for motor cycles,
while the Johnson amendment cut
this to $40 for automobiles and $40
for motor cycles.
Just before the adjournment Rep
resentative Blanton made a point of
order against authorizing an indef-
mite appropriation to carry out ex~
listing law empowering the Commits
sioners to open. widen or extend
streets to conform with the perma-
nent highway plan. This provision
reads:
ITO carry out the provisions con-
tained in the District of Columbia ap-
preparation act for the fiscal year
1914. which authorize the Commits
sioners to open, extend or widen any
street, avenue, road or highway to
conform with the plan of the perma-
! nent system. of highways in that. por-
tion of the District of Columbia
outside of the cities of Washington
| and Georgetown there Is appropriated
such sum as is necessary for said
| purpose during the fiscal year 1924
to be paid wholly out of the revenues
OF the District Of Columbia"
Chairman Cramton Dissents.
Chairman Cramton argued that this
| was entirely and directly based upon
| existing law and clearly Is not sub
| ject to the point of order" He quot
| ed the 1914 act, and said:
1.-The essential language is, That
CONTINUED on Page 2. Column 3D.