Speech #700131396

then Chairman of the Committee of the Whole House on the state of the Union. said: The Chair will state that the general rule. apparently established. is as stated in the Digest: " A paragraph which changes existing law being allowed by general consent to remain. it may be perfected by any germane amendment. " Now. it appears that a proviso was included here and passed without objection which would have been subject. the Chair believes. to a point of order. To that an amendment was proposed. There have been. as the Chair Is informed. conflicting decisions. and it is desirable that a uniform rule be established. The rule has been applied that where a provision is inserted which changes existing law it may be perfected by an amendment (which is germane). even though not In accordance with existing law. " The Chair. though somewhat doubtful. thinks this the best rule: That if a paragraph has been included in the bill which has in it a taint of illegality or of being contrary to existing law. that paragraph can be corrected or perfected by an amendment. but if the further paragraph which Is proposed as an amendment carries a further degree of illegality affecting the whole paragraph as amended. then it is not in order. " So. if the amendment of the gentleman from California simply pertained to the proviso which was out of orderthat pertaining to the Bertillon system of identification. which was allowed to enter the billit.would be in order. but if it pertains to the whole paragraph re!ating to the enforcement of the Chinese exclusion act it is not in order." The Chair. with some reluctance-