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Mr. Hobbs: Mr. Speaker, haven't I the right to raise the point of order whether this resolution is in order or not?

The Speaker: The Chair is of the opinion that until the resolution. is printed its consideration is not in order, and until its consideration is in order, a point of order cannot be raised against it.

Mr. Allen: Mr. Speaker, I rise to a point of order.

The Speaker: The gentleman will state his point of order.

Mr. Allen: My point of order is this: That I believe the gentleman is not in order as to his remarks; that the remarks to which he has confined himself applies solely to the city of Philadelphia, and are solely apropos to the conditions in the city of Philadelphia.

The Speaker: The Chair rules that the point of order of the gentleman from Allegheny is not well taken, and the gentleman from Philadelphia will proceed.

Mr. Allen: Mr. Speaker, my point of order is this: that there is nothing before this House to indicate that the same plan of Civil Service is in operation in the city of Philadelphia as is provided for in this bill. If the plans be distinctive plans, then the gentleman's remarks are out of order because they simply apply to the city of Philadelphia. If, however, the plans are similar, the remarks are in order, and I ask for a ruling on my point of order.

The Speaker: The Chair rules that the point of order of the gentleman from Allegheny is well taken, as the bill in question does describe similar systems as that of Philadelphia. The gentleman from Philadelphia will confine himself to the bill.

I desire to raise a point of order on this question. I don't like to do it because I thought it could be arranged or fixed up to comply with the Constitution, but rather than let it go unchallenged, I want to raise a point of order.

The Speaker: The gentleman will state his point.

Mr. Humes: Mr. Speaker, my point is that section 54 is in violation of the Constitution.

The Speaker: The Chair does not sustain the point of order. The point of order is overruled.

On the question recurring,

Will the House agree to the section?

It was agreed to.

Mr. Allen: Mr. Speaker, in relation to the bill which is now for consideration, Bill No. 855, file folio 7385, I raise the point of order that this bill is similar in its terms to House bill No. 6, which early in this session was defeated in this House. The provisions of the bill as set out in Bill No. 855 has but one addition, as I recall, which was not set out in Bill No. 6, and that one provision is the collection of the

379-II. R. Jour.

empties, the kegs and cases. Being bills of similar character Mr. Speaker, I raise the point of order that the House cannot consider the bill at this time, and I ask for a ruling on my point of order.

The Speaker: It appears to the Chair that there is a substantial difference in the point to which the gentleman has referred, and the point. of order is overruled.

Mr. Allen: Mr. Speaker, I appeal from the decision of the Chair.

The ruling of the Chair was sustained.

Mr. Wiltbank: Mr. Speaker, my point of order is that we have got to suspend our rules before we can vote in this measure. We cannot vote upon this measure unless we take a vote to suspend the rules.

The Speaker: Your point of order was well taken.

Mr. Speiser: Mr. Speaker, my point of order is that as the gentleman from Bedford withdrew his amendment, therefore the offer at this time is not in order.

The Speaker: The Chair is of the opinion that the point of order raised by the gentleman from Philadelphia, Mr. Speiser, should not be sustained. The amendment offered by the gentleman from Bedford, Mr. Matt, will now be read by the Clerk.

POINTS OF ORDER

Mr. Alter: Mr. Speaker, the Constitution does not contemplate that House shall adjourn sine die.

The Speaker: The point of order is well taken.

Mr. Allen: Mr. Speaker, we are now on the verification of the roll. The yeas were announced and there were no objections made as to the votes recorded. The nays were announced and no gentleman announced himself dissatisfied with the result.

The Speaker: The rule is that members may change their vote at any time before the result of the vote has been announced.

INDEX

Absence, leave of-

Adams, 2915.

Allen, 2432.

Alworth, 935, 2438.

Aron, 2625, 2915.

Arthur, 1285

Baldwin, George A., 1231, 1587, 2116, 4053.

Barner, 1670, 1925, 1947.

Bass, 464, 2019, 2915.

Bayle, 577, 960, 1124, 2894, 3141.

Bergey, 2894.

Berntheizel, 810, 1170, 2759.

Blair, Walter Allen, 2694.

Blair, William F, 4053.

Bleloch, 1458.

Brosius, 2117.

Brownlee, 663, 1124, 1458.

Caldwell, 2092, 2432.

Campbell, James J., 1124, 1670, 3463.

Cheeseman, 1124, 2839.

Claycomb, 2117, 2346.

Cleary, 3663.

Cochran, 2116, 2694, 4603.

Collins, 2839.

Conner, 2915.

(6051)

380-H. R. Jour.

Absence, leave of-

Conrade, 2432.

Cox, 1731.

Davis, 2432.

DeFrees, 533, 893, 1458, 2963.

Donahoe, 1170, 1513, 2092.

Ehrhardt, 781.

Eichenberger, 1834.

Ely, 1124, 2431.

Flynn, 1513.

Foster, Jesse D.,

Frey, 1947, 2346.

Gans, 464, 1920, 2693.

Geiser, 1447, 4890.

Gibson, 781, 1925, 2694.

Glenn, 935, 1670, 2117, 2346.

Good, 2694.

Goss, 1338, 1670, 2612, 3663, 4603.

Gramley, 1920, 4603.

Gransback, 1388, 2894.

Gray, Frank, 1124, 2346, 4890.

Gray, Joseph, 2694.

Hackett, 851, 1067, 1731.

Haggerty, 3218.

Heidinger, 2116.

Herman, 1067.

Hess, 851, 2019.

Hibshman, 1170.

Hobbs, 2431, 2492, 3376.

Hoffman, 464, 810, 1067, 3041.

Howard, Josiah, 1513.

Howard, Reuben.

Humes, 5212.

Absence, leave of

Irwin, Harry H., 4603, 5480.

Jones, E. E., 533, 1124, 1774.

Jones, John Robert, 4534, 5212.

Kaiser, 1813.

Kaufman, 464.

Keegan, 2116.

Keeport, 633, 2116, 2432.

Kenna, 1413, 1458, 1731, 1734, 2694, 2839.

Kennedy, 2625, 4603.

Kern, 2432, 2694.

Kitts, 735, 2563, 5111.

Klepper, 1925, 3463.

Kuhn, Harry P., 3663.

Kuhns, Ellsworth G. M.

Lanius, 3005, 4660.

Latshaw, 663, 2693.

Lenker, 1413, 4398.

Leslie, 470, 2673, 2673, 4053.

Light, 1925, 2694.

Lohr, 851, 1338.

Lowers, 735.

Malie, 2432, 2693.

Mannion, 1124, 2116, 2432.

Mather, 1124.

MeCaig, 1124, 2116.

McClintock, 3005.

McDermitt,

McNichol, 464, 1458, 1731.

Mechling, 1834.

Mellott, 1260.

Missimer, 464, 1920, 2431.

Mitchell, 1731, 2117, 2346.

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