special proceedings in said courts, and the provisions of said section seven hundred and ninety-three, in so far as applicable, shall be applied in such case: Provided, That if a witness shall have been paid under this Act kilometrage or per diem, the Insular Government shall be entitled to be reimbursed the amount so paid from the costs collected, and the amount so reimbursed shall be credited to the appropriation of the Judiciary. "SEC. 9. This Act shall take effect on July first, nineteen hundred and thirteen." Your committee at the first regular session of the last Legislature, after due consideration and consultation with the judges of the Courts of First Instance and the Attorney-General, prepared and introduced a bill providing for the payment of a per diem and kilọmetrage to poor witnesses in criminal cases, being Commission Bill No. 62, which bill was refused passage by the Commission on the grounds that at that time it was considered that the resources of the Government would not permit this additional expense. Following the suggestion of the Commission at the time said bill was under consideration, a second bill, providing assistance in the way of subsistence and lodging, was introduced and passed by the Commission at the same session, being Commission Bill No. 63. This lastmentioned bill provided that lodging and subsistence should be furnished by the provincial board, or when court was held at a place outside the provincial capital, by the municipal council of the municipality where court was held. This bill failed to meet the approval of the Assembly, that body wishing to pass a more liberal measure by providing kilometrage and a per diem. The Governor-General, in his message at the opening of the last regular session of the Legislature, pointed out that the fact that witnesses are not paid renders it not only a difficult matter to obtain justice, but also makes it a hardship on innocent persons, and that the only reason this had not yet been done was on account of the expense, an expense which the Filipino people should take as soon as the finances justify it. This matter was referred to your committee, and recommendation was made that consideration thereof be postponed. In view of the resources of the Government, it was not thought advisable to increase the expenses of the Government at that time with an annual appropriation of three hundred thousand pesos, which was the estimated amount necessary to pay moderate fees to witnesses in criminal cases. In view of the increase in collections of both customs dues and internal-revenue taxes during the last fiscal year an increase which appears likely not only to continue, but to be greater during the coming fiscal year, your committee believes the time has arrived to recommend the payment of a per diem and traveling expenses to poor witnesses to whom this expense would be a hardship. The amendment which your committee proposes to the Assembly Bill consists in substituting the Commission Bill No. 62 of the first session of the last Legislature for the Assembly Bill. Two changes are made in said Commission Bill No. 62. That bill appropriated #125,000, which was the estimated amount necessary for the remainder of that fiscal year. This appropriation is increased to #300,000 for the fiscal year 1914, at the beginning of which the proposed Act is to take effect. Another change made in said Commission Bill No. 62 is one providing that in case the costs are taxed against the defendant, the Government will be reimbursed from such costs the amount paid out to witnesses for per diems and traveling expenses. The bill as proposed by your committee makes certain changes in the Assembly Bill, which is lacking in details necessary for the carrying out of the Act, and, moreover, provides no appropriation therefor. The Assembly Bill grants kilometrage and per diem to all witnesses-whether poor or not-appearing before the Supreme Court or any justice thereof, the Courts of First Instance, the AttorneyGeneral, provincial fiscals, justices of the peace courts, or the municipal court of Manila. The bill as amended by your committee limits such payment to witnesses in criminal cases appearing before courts of First Instance who, in the judgment of the court, would suffer hardship by not receiving kilometrage and per diem. There is no doubt that the same reasons which argue in favor of the payment to witnesses appearing before Courts of First Instance apply with equal force to the payment to witnesses appearing before the other officials and tribunals mentioned in the Assembly Bill. It would appear also only equitable that all witnesses in criminal cases, even though not poor, should be paid their traveling expenses. Should, however, the Assembly Bill be approved, the appropriation necessary would be so largely increased that the condition of the Treasury would not permit it. Your committee believes that in view of the present resources of the Government, it would be sufficient to take the first step by making an allowance to poor witnesses who appear before Courts of First Instance. Respectfully submitted. To the Honorable, GREGORIO ARANETA, Committee on Matters Pertaining to the the PRESIDENT OF THE PHILIPPINE COMMISSION. The report was accepted and the bill ordered on file for second reading. [Committee Report No. 116.] MR. PRESIDENT: Your Committee on Matters Pertaining to the Department of Finance and Justice, to which was referred on January 18, 1913, resolution No. 168 passed by the municipal council of New Washington, Capiz, on December 9, 1912, praying that the Philippine Legislature enact a law exempting municipalities from the payment of justice of the peace fees in criminal cases, has examined the same and has the honor to report it back to the Commission with the following recommendation, viz: That the resolution be laid on the table. A similar request was made by the convention of municipal presidents of Antique, praying for the passage of a law relieving municipalities from the payment of fees in civil and criminal cases, and your committee, to whom the matter was referred, recommended that the same be laid on the table. This report of your committee was adopted by the Commission on October 23, 1912. The reasons advanced in the above-mentioned report apply with equal force to this resolution of the municipal council of New Washington, Capiz. Respectfully submitted. the PRESIDENT OF THE PHILIPPINE COMMISSION. The report was adopted. [Committee Report No. 117.] MR. PRESIDENT: Your select committee of two, to which was referred on January 14, 1913, Commission Bill No. 62, entitled “An Act authorizing the administrator of the San Lazaro Estate to execute long term leases for lands belonging to said estate," has examined the same and has the honor to report it back to the Commission with the following recommendation, viz: That the bill be passed with the following amendments: Strike out all of the preamble from the title to the enacting clause. Page 2, line 11, strike out the word "one," and insert in lieu thereof the word "two." Page 2, line 12, strike out the word "two," and insert in lieu thereof the word "one." Strike out all of section 3, and insert in lieu thereof the following: "SEC. 3. This Act shall take effect on its passage.' Your committee is in entire accord with the reasons set out in the preamble to this bill and considers it very advisable to confer upon the administrator of the San Lazaro Estate power to execute long term leases for lands belonging to said estate. Following, however, the practice adopted by the Commission, your committee recommends that the preamble be stricken out. The bill provides that the administrator may execute leases for ten years for lands upon which the tenants have constructed, or may hereafter construct, buildings to the value of not less than #2,000. At the present time the administrator is authorized to execute leases for six years. This new Act gives four years additional for improvements to the value of 2,000; that is to say, two years for each $1,000 of improvements. Conformably thereto, your committee recommends that tenants making improvements to the value of over 2,000 shall be given an additional two years' lease for each additional #1,000 or portion thereof instead of one additional year for each additional #2,000 of improvements or portion thereof, as provided in the bill. Respectfully submitted. To the Honorable, GREGORIO ARANETA, the PRESIDENT OF THE PHILIPPINE COMMISSION. The report was accepted. Committee. Commission Bill No. 62 was thereupon read the second time and, together with the report of the select committee thereon, referred to the Committee of the Whole. It was considered in committee and reported back to the Commission with the recommendation that it pass with the amendment recommended by the select committee. The amendment was adopted. On motion by Commissioner Araneta, unanimously carried, The bill was considered urgent under the provisions of Rule XIV, Rules of the Commission, and read the third time by title only. The question then being upon its passage, the roll was called and the bill was unanimously passed and the title read and approved. EXECUTIVE SESSION. The Commission then proceeded to the consideration of executive business. After the consideration of executive business, the Commission returned to regular session. (For appointment confirmed in executive session see p. 831.) ADJOURNMENT. Thereupon, at 11 o'clock and 5 minutes antemeridian, The Commission adjourned to meet at 10 o'clock and 30 minutes antemeridian on Wednesday, January 29, 1913. Attest: GED. C. SCHWEICKERT, Secretary. Third Philippine Legislature. First Session. JOURNAL OF THE COMMISSION. WEDNESDAY, JANUARY 29, 1913. The Commission met pursuant to adjournment. Present: Commissioners Gilbert, Worcester, Luzuriaga, Araneta, Palma, Sumulong, Branagan, and the President. READING OF JOURNAL. The Journal for Tuesday, January 28, 1913, was read and approved. MESSAGES FROM THE ASSEMBLY. JANUARY 23, 1913. MR. PRESIDENT: I have been directed to inform your honorable body that the Assembly, on January 23, 1913, passed the following Assembly Bill No. 87, in which it requests the concurrence of the Commission: An Act amending in part Act Numbered Eleven hundred and twenty, relative to the administration, temporary leasing and sale of certain haciendas and parcels of land commonly known as "Friar Lands," by providing for the manner of administration, maintenance, and improvement of the irrigation systems appurtenant to said lands, and for other purposes. Very respectfully, To the Honorable, TEODORO M. KALAW, Secretary, Philippine Assembly. the PRESIDENT OF THE PHILIPPINE COMMISSION. By unanimous consent, Assembly Bill No. 87 was read the first time by title only and referred to the Committee on Matters Pertaining to the Department of the Interior for report and recommendation. 117411-25 385 |