The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-03
Why Reciprocity Fails.

Portland Oregonian.
Representative Tawney of Minnesota,
Is an able and reputable man. HIS ex-
cuse for acting with the insurgents on
the Cuban question cannot be set sum-
marily aside. He says that what he and
those who acted with him objected to
was not the 20 per cent reduction on Gu
ban sugar. but the singing out of that
one article as the basis of commercial
reciprocity with enc country, while obsti-
nately shutting the doors to reciprocity
with all other countries. What they
wanted was to force the adoption OF
general scheme Of reciprocity which
would open the markets Of other countries
to Northwestern products, and more es-
pecially to compel the ratification OF the
reciprocity treaties before the Senate.
Good a man as Tawney Is. and trust
worthy, this explanation must be some
thing discounted as an after-thought;
have been in his own mind. but the ex-
cuse Is chiefly valua BILE as indicating what
Tawney believes Is the most pertinent
defense Of the insurgent action before
the bar of public opinion. AS such let
us regard it. and, so regarding 1t, let US
admit at once that It has considerable
force. Is 1t not thing to excite distrust
in a fair man, to propose to attack the
tariff by singing out a particular indus
try and a particular country?
Observe, however, that Mr.. Tawneys
objection, If it is valid against Cuban
reciprocity, Is valid also against the
FRENCH treaty anu the ATSentlLS Treaty.
and the treaty with Jamaica, the treaty
with British Guiana the treaty with
Barbados. the treaty with Bermuda,
the treaty with the Argentine the treaty
menaced by these treaties protest to Con-
gress, as they did protest, and thus de-
feat, as they did defeat, the proposed
concessions? Why may not other nations,
Disseminated against by concessions to
the powers named in these treaties, pro-
test and then retailiate?
The simple truth about this whole reci-
procity business is that when Congress
flies from the straight and narrow way
of tariff reduction to the indirect and pre-
carious trail of reciprocity treaties, it
forthwith becomes involved in a multi
tude CT difficulties. Why reciprocity
fails is doubtless because of an indistinct
but deep consciousness of its inherent
awkwardness and injustice. That reci-
procity Is technically constitutional may
be conceded; yet the doubts that have
been expressed conc srning the PROPOSE
ton reveal a serious question of what
we might call its moral conStitutionality.
For example:
THE assertion that no part of the
legislative power can be delegated by
Congress to any other department of the
Government, executive or judicial, is an
axiom in constitutional law, and is uni
Versally recognized as a principle essen
tial to the integrity and maintenance of
the system Of goyernment ordained by
must remain in the organ where it is
lodged by that instrument. We think
that the section in question (reciprocity
section of Mckinley bilD does delegate
partment, and also commits to that de-
partment matters belonging to the treaty
making power, in violating paragraph 2
of the second section of Article ii of the
Constitution
These are the words of no less acute
thinkers and able jurists than Chief JUS
tice Fuller and Justice l.. Q. c. Lamar
of Mississippi. Technically the utterance
is negligible. It was a dissenting opinion,
and the Senate has recognized the privi-
lege of the House to participate in Teci-
procity ratificaticns. But the conception
at the bottom of the Fuller and Lamar
rect and regular Congressional enact
ment. Is likely to find response and ap-
prevail in the popular mind.
The demand for just and wise tariff
fication of the pending reciprocity trea-
ties. II is not just to Great Britain,
whittier most of our foodstuffs go to a
free-trade market. to give preferences
just to our knit goods and jewelry men
to sacrifice duties on wares now imported
to buy easier entrance into foreign mar
kets for steel and machinery already ex-
none of their large measure of protection.
1t is not fair to buy more foreign mar
kets for protected shoes with free hides.
1t is not fair to buy more markets for
protected clothing with free wool There
are thirteen of these treaties, dealing
with as many countries and affecting a
very great number of American produc-
tons. The proper method of determining
the tariff on these productions is in the
regular procedure of Congress, and not
through a commissioner or a treaty. The
pending treaties are a dishonest and
clumsy subterfuge, offered by the Re-
publican leaders as a pretense for escape
from tina ralaira dlIt1r of ia if rnfnrrrn