The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-10-13
THE PHILIPPINE r4R1FF.

THE PHILIPPINE THRIFT.
'By the authority of the president of the
United States, and with the approval of
the secretary of war first had, be it en-
acted by the United States Philippine
commission" is the remarkable title of
a remarkable document sent broadcast
to the press and marked Confidential
! until Oct 7, 1901, a. M" The document
is the act and schedule of the new GUS
| toms tariff prepared for the Philippine
archipelago.
The act is an amendment of Military
Order No. 40, which was dated Oct. g.
| 1899, and related to customs duties on i'm
ports and exports of the Philippine ISL
ands. This new act is most remarkable
document in many respects, and if 1t
should by any chance be sustained by
the courts, it will mark most radical
departure in federal legislation, not only
in respect to the subjects covered but
also the enacting power.
The constitution provides that ''All leg
islative powers herein granted shall be
vested in a congress of the United
States" That "AE bills for raising reve-
nue. shall originate in the house Of repre-
laid on any articles exported from any
state, and no preference shall be given by
any regulation of commerce to the ports
of one state over another"
+Ioo ,,po,,
the president of the United States no leg
islative powers whatsoever. He is in the
| contemplation of the constitution an ex-
ecutive officer only. Inasmuch as the
| powers of congress are special grants
from the people, and are enumerated, 1t
follows as a necessary corollary that
! these powers cannot be delegated. This
| prohibition is sustained by an unbroken
line of legal decisions. It is now settled
law that no legislative body can delegate
| its powers to an agent. s-..-s--
Notwithstanding these constitutional
and legal prohibitions, each of which was
reinforced by the recent opinions of the
supreme court. we have before us an act
|
of the secretary of war first had, pro-
poses to put in force in a large portion
OF the territory of the United States.
Even If the provisions of this act were
it strict conformity with the constitution
and laws of the United States. the fact
that the attempt is made to- put 1t In
force through the executive department
without the approval of congress first
had, would be sufficiently Revolutionary
to call for energetic and determined on
position from all patriotic citizens. But
when we consider the fact that this act
proposes to set up in part of the United
States tariff wall against the other
parts of the United States. in direct on
position to distinct provision of the
constitution, and when we add to this the
further proposition to exact export du-
ties, proposition expressly prohibited by
the same immortal instrument, our sur
prise at this iconoclastic innovation of
our constitutional rights is lost in our adj
miration for the superlative gan which
prompts the proposed action.
1t will be said that such an act is
necessary; that circumstances demand
that the plain provisions of the constitu-
ton be overruled; that a tariff barrier
must be erected against the other parts
of the United States because the Paris
treaty gives Spain the same rights of
trade enjoyed by the United States in
its own territory. This is no argument.
The constitution should not be made to
suffer for the plumbers Of the Paris peace
commission.
The details of this tariff schedule
are of little interest to the general read
er. The whole schedule is commit
Gated in the extreme, the metric system
being used with the result, whether in
tended or not, to confuse the American
public.
Not content with the import duty, the
export of certain articles which would
interfere with pet interests on this side
of the water is made prohibitive by the
imposition of an export duty. The emu
merated articles embrace hemp, indigo
rice, sugar, cocoanut and tobacco. These
unfortunate articles will have to pay to
get out and pay to get In. The tobac-
CO and sugar trusts do not propose to
have any competition from the Philippines
if they know themselves
The free list is important to degree.
The Filipinos can have all the mineral
water they need in the process of benev-
client assimilation. Fresh eggs, fresh
fruit, fresh meat, fresh milk (sour don't
go) Diamonds and hand paintings go
in free. That the degenerate Filipino may
be educated in high art, Autographs and
posters are not to he taxed, and that the