The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-22
THE RECIPROCITY TANGLE.
Uncertainty ns to the status of the
Present Comm IssiOn.

The Washington correspondent of the
New York Commercial Advertiser
writes 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 and
no one has yet been appointed to his
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-
opment as regards their employment.
The members of the commission are paid
from the emergency fund of the State
Department. hence their labors can be
terminated at any moment by the Presi-
dent.
1T is believed that the industrial inter-
ests which successfully opposed the rati-
fication of the eleven reciprocity treaties
which were before the Senate last Con
gress would continue their fight even If
the treaties were ratified. The conflict
ould 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-
system of reciprocity.
Section of the Dingley act provides
that the President OF the United
States, by and with the advice and con-
sent of the Senate, with a view to secure
reciprocal trade with foreign countries,
may 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. 1893. and the other
ten treaties subsequent to that date. Thus
1t 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 Dngley law.
Another point is raised by the word
ing of the second part Of section of
the Dingley 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
he 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 were 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 oT<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 no
specification as to any particular kind of
treaties, diplomatic or commercial. They
hold that the President has the power to
make any kind of a reciprocity treaty he
may deem best, regardless of the tariff
law or any other law, long the
Senate endorses his action. and II is real
ly under this Interpretation Of the execu-
tive power that any reciprocity treaty
must now be made for the law specifical-
ly authorizing reciprocity treaties has in
effect expired by limitation of operation
II is also evident that a strict construc-
ton of this law would require all reci-
procity treaties such as the eleven which
were presented for the consideration of
the Senate last winter, to be approved by
general legislation of Congress as well
by the Senate.
These questions have never been raised
and, therefore, never passed upon by The
highest court. The results of presenting
a reciprocity treaty before Congress as
subject for general legislation can easily
be imagined. for it would revive the tariff
discussion and be converted into a polit-
zeal measure to be debated from politi.
cal point of view. When ii is realized that
certain Industries which believe they
would suffer by the enactment of the pro-
posed reciprocity treaties We're strong
enough to keep the Senate from acting
horn 10 mot n h.a sNaFa than~
would overlook an opportunity such as
this to continue the fight in the courts
after the legislative and executive
branches OF the Government had acted
Jamaica was one of the most desirable of
the eleven and from 1t the general trade
OF the United States would have received
great benefit. One California Senator
acting in the interest of the local fruit
growers in his State. was able to shelve
this treaty until 1t died natural death.
The French treaty was retarded by the
Senators representing districts in which
the knit-Goods Industries We're prominent
and it was only through fear of retalia-
tory action on the part of France that
the French treaty was extended for fur
Their consideration. France is now buying
an enormous quantity of cottonseed oil
from this country, and the cottonseed oil
interests expected that unless the United
further consideration of the proposed re-
ciprOcity treaty that France would dis
cr1minate against this great and growing
American industry.
The entire matter OF reciprocity is ap-
parently in hopeless tangle. A headless
commission is now working in a desultory
way in Washington in hourly doubt as to
its further existence. The Senate has
shown no inclination to support the State
Department in its efforts to extend Amer
lean trade by tariff concessions, and ten
of the eleven treaties brought about after
many months of laborious investigation
and diplomatic exchange have expired
The French treaty can be taken UP again
as it stands. but If the others are to be
again considered, new treaties embodying
the same ideas Will have to be made
With the existing doubt as to the effec-
tiveaess of the Dingley law in this direc-
ton and the peculiar attitude of Con-
Sress toward the whole matter it is evil
dent that some new legislation must be de-
vised and introduced in Congress to
bring the whole matter to IA head.
and either do away entirely with the re-
ciprocity feature of the American tariff
system or else provide new and legal
methods for 1t to be accomplished"
Governor Yates of Illinois.