The times., 1901-04-22
THE RECIPROCITY TANGLE.
Uncertainty as To the status OF the
Present Comm issiOn.

Present ComTni issiOn.
The Washington correspondent of the
New York Commercial Advertiser
writes as follows about the Reciprocity
Commission:
There is considerable uncertainty as
to the present status of the Reciprocity
Commission now at work in this city.
Not long ago Mr. Kasson resigned ana
no one has yet been appointed to ms
place. He still visits the office of the
commission. however and does some
work, although he is no longer upon the
payroll The clerical force of the com
mission is prepared for almost any deVel-
opmeut as regards their employment.
The members of the commission are pald
from the emergency fund OF the state
Department, hence their labors can ne
terminated at any moment by the Presl-
dent.
1T is believed that the Industrial inter-
ests which successfully opposed the rali-
fication of the eleven reciprocity treaties
which were before the Senate last CON
gress would continue their fight even II
the treaties were ratified. The cohiucI
would be transferred, however, from the
legislative field to the Supreme court
which court would be called upon to pass
upon certain vexed questions in connec-
ton with the law authorizing the entire
system of reciprocity.
Section of the Dingley act provides
that the President of the United
States. bv and with the advice and con-
sent of the Senate, with a view to secure
reciprocal trade with foreign countries,
NAV within the period of two years from
and after the passage of that act enter
into a commercial treaty with any other
country concerning the admission into any
such country of the. goods, wares, or
merchandise of the United States, etc
The Dingley act was approved July a.
1897. The French reciprocity treaty was
concluded July "A, 1899, and the other
ten treaties subsequent to that date Thus
II appears that all of these treaties were
practically made after the expiration of
the two-year limit allowed for the making
of such treaties by the Dingley law.
Another point is raised by the word
ing of the second part af section 4 OF
the DingIey act, which reads: When any
such treaty shall have been duly ratified
by the Senate and approved by Congress
and public proclamation made accordingly
then and thereafter the duties which shall
be collected by the United States
shall be the duties specified and
provided for in such treaty.
Here are two points, therefore. in the
law itself upon which a legal battle could
be fought before the reciprocity treaties
as proposed would be allowed to go into
effect
1T was Senator Morrill, who declared
| that all reciprocity treaties We're uncon
| stitutional and an invasion of the legis
| lative function of the Government. as
! they repealed laws enacted by Congress:
anent the tariff. The advocates of reci
! procity go TO the or<1site extreme and as
| sert that the President of the United
| States is given the power by the Consti
| tuition to make treaties, there being nt
specification as to any particular kind o.
treaties diplomatic or commercial They
| hold that the President has the power e
| make any kind of reciprocity treaty M
| may deem best, regardless of the tarlf
! law or any other law, so long as tn
| Senate endorses his action. and it IS real
| ly under this Interpretation of the eXecu
! tive power that any reciprocity treaty
! must now be made, for the law speciiical
! ~ authorizing reciprocity treaties has il
/ effect expired by limitation Of operation
| 1t is also evident that strict conStfuc
| tion of this law would require all recI
! procity treaties such as the eleven whiCl
/ were presented for the consideration o
| the Senate last winter, to be approved b.
general legislation OF Congress as well a
by the Senate.
These questions have never been raise
and, therefore, never passed upon by tn
! highest court The results of presenting
I a reciprocity treaty before Congress as
| subject for general legislation can easil
! be imagined, for IL would revive the tarli
| discussion and be converted into a poitt
ical measure TO be debated from poltti
cal point of view. When it is realized tina
| certain industries which believe the
would suffer by the enactment Of the pro
| posed reciprocity treaties were stron
| enough to keep the Senate from actin
| upon them 1t is not to be supposed the
would overlook an opportunity such a
this to continue the fight in the court
after the legislative and eNecutiV
branches Of the Government had actet
The proposed reciprocity treaty wit
Jamaica was one of the most desirable
the eleven and from 1t the general trad
| OF the United States would have receive
great benefit. One California Senate
acting in the interest of the local fru
! growers in his State, was able TO shelly
| this treaty until il died Il natural deatl
| The French treaty was retarded by th
Senators representing districts in whic
the knit-goods industries were prominen
and it was only through fear OF retalis
! tory action on the part OF France tni
the French treaty was extended for fu
ther consideration. France is now buyin
| an enormous quantity Of cottOnseed O
from this country, and the cottonseed q
| interests expected that unless the Unite
| States showed some inclination towai
further consideration or the proposed n
ciprocity treaty that France would di
criminate against this great and growiL
American industry.
The entire matter Of reciprocity is al
parentIy in a hopeless tangIe A headle:
commission is now working in Il desultOI
way in Washington in hourly doubt
J it's further existence. The Senate hs
shown no inclination to support the Sta
Department in its efforts to extend Anne
lean trade by tariff concessions, and Il
of the eleven treaties brought about aft
many months Of laborious investigate
I and diplomatic exchange have expire
The French treaty can be taken up aga
z AS il stands. but if the others are TO
: again considered, new treaties embOdyiI
the same ideas will have to be mad
: with the existing doubt as 10 the effe
tiveness of the Dingley law in this dire
tion and the peculiar attitude of Co
gress toward the whole matter it is ey
dent that some new legiSla ton must be d
! ysed and introduced in Congress
/ bring the whole matter to hea
! and either do away entirely with the r
: I ciprocity feature of the American tar
system or else provide new and leg
! methods for 1t to be accomplished
Governor Yates of Illinois.
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