The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-28
No. Mr.. ! Owler, Not Just Yet.

The Hon. CHARLES y. FOWLER of New
Jersey, chairman of the House Commit
tee on Banking and Currency. has sent
out, in advance of the Presidents mes
sage. a little message or manifesto Of
his own. That is to say, the communica-
ton which we have received, dated Nov.
%, 1902, stands over facsimile Of Mr..
FowLER's signature and IA it relates TO
bill actually introduced by Mr.. FOWLER
at the last session Of Congress. we assume
that it is he, and none other, that solicits
THE SUNS attention to and approval Of
his proposed measure.
Both the bill itself and the New Jersey
Congressman's arguments in favor Of
the same are of such a remarkable char
acter that we naturally give them atten-
ton; approval is another question.
Mr.. FOWLER wants TO create by act Of
Congress permanent Commission of
five members, appointed by the President
with the advice and consent of the Senate,
removable only for cause and with the
consent of the Senate, and holding office
for term of twenty years at an annual
salary of $500. The proposed functions
of this new branch of the Federal Gov
eminent are of startling variety and
importance.
/. To investigate all questions of Fed
eral taxation affecting imports, and to
recommend annually to the President
such changes in import duties as the Com
mission deems wise the President there
upon to have the power. if he approve
the Commissions recommendations, to
proclaim such changes in the schedules.
on a years notice, without any further
legislative action by Congress
2. To relieve the Executive of the
trouble of negotiating reciprocity treaties
with foreign countries. The Commission
conducts the negotiations. When it has
concluded a reciprocal commercial agree
ment and four Of the five Commissioners
have decided that it is favorable to the
United States, the Commission recon-
President thereupon in his turn shall ""
he has no discretion in the matter, but is
simply the agent Of transmission to the
Senate-recommend the same for ratifi-
cation "a treaty.
g. To visit officially the different SEC
tons Of the United States or go to any
foreign country, to study domestic con-
ditions or collect information abroad, in
the way of preparation for the intelli-
gent exercise of the two foregoing
powers.
g. To possess the power to summon
any person, partner, officer or representa-
tire Of a company or corporation. and all
other persons both national and civil pithin
the Jurisdiction OF the United States, to
testify before it, to examine such persons
under oath or affirmation. and TO require
such persons TO furnish any paper, book
Of account, records or detailed reports,
in such form and manner and at such
times as it may prescribe. In fine, the
Commission is to be vested nth all the
porers Of a United States court to summon
and control witnesses and to punish them
for contempt
1t is in regard to the aforementioned
power which Mr.. FOwLER's bill confers
upon this extraordinary composite Of
legislature Executive and Judiciary in
his five twenty-year Commissioners that
the author of the measure says in the
circular we have received from him:
The new order OF things has given rise to ap.
prehcnsons In many quarters lest the accumula-
ton OF corporate power In corporate hands may
result In danger. maintain that. since
the preamble OF the Constitution declares tina, that
Instrument was established TO promote the general
welfare and since Congress among other powers
and duties Is to provide for the general welfare,
Congress may create a Commission pho,e duies
ave 10 see thai the people nrinc IN the various sections
Of the country shaH NOT be imposed upon bv the dis
irbu'iOn OF uJrih!esS stock: and to that end that
such Commission may rightiully insist upon the
fIIlcS, Information with regard to all corporations
asirh times and In such form as It may pres ribc"
This would seem to indicate that since
his first conception Of Tariff Commits
sion, with legislative, executive and
judicial powers, the further possibilities
of the new department of the Federal
Government have so impressed Mr..
FOwIER's mind that he now desires to
make it Tariff and Trust Commission.
all in one.
well, why not? If there is merit in
the astounding argument that because
the preamble of the Constitution mem
tons the general welfare as the object
of that instrument, Congress therefore
possesses the Constitutional power to
delegate its own authority to any ex-
tent, and to change the original scheme
OF Government in any manner which it