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Thursday, 4 October 1906

The CHAIRMAN - I rule that the honorable senator is not in order in submitting his proposal as an amendment. I think it should be submitted as a request.

Senator Clemons - I must dissent from your ruling, sir. I submit my dissent in writing in the following terms : -

I dissent from the Chairman's ruling that it is out of order to move an amendment to clause 2 of the Excise Mill No. 37, and that such motion must be put in the form of a request.

In the Senate :

The Chairman of Committees. - I beg to report that when the Committee was considering the Bill relating to duties of Excise, Senator Clemons, on clause 2, submitted an amendment toleave out the words " January, One thousand nine hundred and seven," with a view to insert, in lieu . thereof, the words "November, One thousand nine hundred and six." I ruled that he was not in order in submitting an amendment, and he has dissented from my ruling. The Constitution states, in section


The Senate may not amend proposed laws imposing taxation.

Standing order 244, dealing with procedure on Bills which the Senate may not amend, states -

The proceedings in Committee shall be as follow : - The Chairman shall (unless otherwise ordered) call on each clause or item, 'and ask if any senator has any request to move thereon. If no motion for a request is moved, or moved and negatived, the Chairman shall declare the clause or motion passed. If motions for requests are moved and passed, the Chairman shall declare the clause or item passed, subject to the requests being complied with.

I did not give my reasons for ruling Sena.tor Clemons out of order in Committee, because I thought I might save time by delaying my remarks until I reported the matter to you. I regret that I had not an opportunity last evening to hear your ruling on a similar point, but I have hurriedly glanced at the report of the ruling, and find that you said, on a point of order, upon a Bill relating to Customs duties -

This Bill is undoubtedly one to impose duties of Customs. The fact, if it be a fact, that it contains a clause that it ought not to contain does not alter the character of the Bill.

I submit that the Bill with which the Committee has been dealing is a Money Bill, and the fact that it contains a clause which should not be in it, does not alter the character of the Bill. . If any amendment is proposed that amendment must, in my view, be put in the form of a request. Although I understand that you ruled last night that any amendment to a particular clause in a Bill such as that under consideration must be made in the form of an amendment-

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