DOCUMENTARY HISTORY OF THE FLORIDA CANAL


297


 The PrasnmIN OenicE. Does the Senator from Florida yield to the Senator
from New York for that purpose?
 Mr. FLzrCHml I yield.
 Mr. COPA.&D. When the item referred to by the Senator from Florida came
up in the committee I took the position that it was subject to a point of order
under rule XVI of the Senate. The subcommittee sustained me in that regard.
The same point was raised 4n the full committee and by a very close vote, and
after the chairman announced that he did not think it was subject to a point
of order, the full committee rejected the amendment of the Senator from
Florida.
 I have very serious question in my mind about the amendment being in order
under rule XVL As one reads that rule it is very clear certainly that the
amendment could not be received under the first section; but there is a provi-
sion in the rule, in the last two lines of the first section, under which such an
amendment may be presented if it is proposed in pursuance to an estimate sub-
mitted in accordance with law. If that means that an estimate submitted by
the Director of the Budget is the kind of estimate intended to be covered by
the rule, then the Senator from Florida has a perfect right to submit his
amendment.
 Mr. CLArK. Mr. President, will the Senator yield?
 Mr. COPrLAND. Certainly.
 Mr. CLABK. It has been the invariable practice in the Senate and in the House
that to be authorized by law a project must be in pursuance of some specific
provision in the law having to do with the project. In other words, it does not
give authority of law to any item to have the Director of the Budget simply
send an estimate to Congress. When we come to consider the rules, we are
bound by the rules of the Senate, and the universal practice has been that
unless authorized by law amendments providing for such projects are not
proper upon a general appropriation bill.
 Mr. COPU.AND. That is exactly the view I take.
 Mr. FLBxrOB. The rule, however, does not so provide.
 Mr. CoL1aND. I have taken the view just expressed by the Senator from
 Missouri. I had a long talk this morning with our very able parliamentarian,
 Mr. Watkins. He has convinced me, if not the Senator from Missouri, that the
 Senator from Florida has a right to present the amendment.
 However, I wish to say that I do not believe the language of the rule as
 interpreted is what the Senate intended it should be. I do not believe the
 Senate ever intended to formulate a rule which would make it possible to con-
 sider an estimate from the Budget Bureau as an authorization for a project. I
 cannot conceive it possible that the President, in connection with the $4,000,-
 000,000 relief act, could allocate $1,000 each to a thousand projects and then
 the Director of the Budget could send in estimates accordingly.
 If that be a correct interpretation of the rule as it exists, then Congress
 might be bound for the next 50 or 100 years by authorizations which its com-
 mittees never considered and upon which Congress never had passed. I am
 convinced that the Senate never intended in the formulation of rule XVI to
 give such tremendous power to the Director of the Budget and to have him
 overrule the wishes and desires of the Congress.
 However, the rule is as it is and our parliamentarian, Mr. Watkins, has
 convinced me that a point of order against the proposal could not properly be
 sustained. I am rather glad personally that that is the view of our parlia-
 mentarian, because my great affection for the Senator from Florida has put me
 in a very embarrassing position during the past week or two. I am not
 promising him that I am going to vote for his proposal, but I am somewhat
 relieved to find that technically he is correct. Therefore, so far as I am con-
 cerned, I have no disposition to keep him of the floor and prevent him
 presenting his argument in behalf of his amendment
 Mr. CLrAK. Mr. President, a parliamentary inquiry.
 The PuESmNGo Orncjz. The Senator will state it.
 Mr. CLAaK. The point of order may be made at any time, may it not? In
 other words, the point 4 order is not waived by not making it at this par-
 ticular time?
 The PammroG Omzoma The Senator is correct. The question is on the
 amendment of the Senator from Florida [Mr. Fletcher]. The Senator from
 Florida has the floor.
 Mr. VANDEMNBG. Mr. President, there is a good deal to be said on that
 amendment before it is voted upon.