The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-01-04
Congressman Underwood Gives
His Views on Tariff Question
DISCUSSES CUBAN TREATY
He Thinks the President Is Simply
Trying to Save His Party From En-.
barrassment BY Trade Treaty.
Violates the Constitution.
BY WATTERsoN sTEALEY.

Washington, January 9.-(SpeciaD-Rep-
resentatve Underwood of Alabama, while
an advocate of the best tariff concessions
to Cuba which can be made, does not be-
iieve that the senate can proceed inde-
pendently of the house and lawfully rati-
fy the treaty which it is understood the
President will send to the senate next
week. 1.-The President" said Mr.. Under
wood tonight, SIS simply trying to save
ris party from embarrassment by a
trade treaty with Cuba, and that treaty
is in violation of the constitution of the
United States.
.Why do I say he is violating the con-
stitution and assuming powers that do
not belong to the executive or to the
senate and the executive combined Is
most apparent to all who will consider
the question with the terms of our fun
damental law before them.
by what authority does this nation
regulate commerce? BY the power Of
taxation Is that power conferred on the
legislature or the executive branch of the
government?
1.-The congress- (not the President, and
not the President and senate combined)
taxes, duties, imports and excses to pay
the deots and provide for the common
defense and general welfare of the United
States, but all duties, imports and ex-
cses shall be uniform throughout the
United States Constitution of the Unit
ed States, art. /, sec. l, clause -
s.All bills for raising revenue shall
originate in the house of representatives
(p 1t with the President), but the senate
y propose or concur with amendments
as in other bills Cart. I, sec. T. clause -
All legislative power herein granted
United States, which shall consist of a
senate and house of representatives
(Art. I, sec. L.
As to Commercial Treaty.
you say the President has heretofore
negotiated commercial treaties with for
eign nations, regulating commerce and
changing the existing revenue laws of the
country. That is true, but how did he
do so? BY authority of law, enacted by
the congress of the United States not
otherwise. Both the revenue act known
as the Mckinley law and the revenue act
known as the Dingley law provided that
under certain circumstances the Pres-
dent with the consent of the senate, could
negotiate commercial treaties Affecting
the rates of duty levied on the importa-
tion of goods into this country from
abroad. Acting under the authority con-
ferred by these acts, we made some COM
mercial treaties, but the power thus con-
lferred no longer exists. The Mckinley law
was repealed years ago and the Dingley
law limited the number of years this
power could be exercised by the Presi-
dent, and that time has expired.
ION what ground, then, can a claim be
made that the President and the senate
can originate and ratify a commercial
af " vvif ha ic Arfto o
Section 2, Clause of the constitution of
the United States, which says
''He fhe PresidenD shall have power
by and with the advice and consent of
The senate, to make treaties, provided
two-thirds Of the senators present con-
cur
does this power to make treaties con-
ferred on the President and the senate
authorize them to make commercial
treaties or trade contracts whereby the
present revenue laws enacted By the con-
gress are nullified, and the provision of
the constitution requiring all revenue
measures to originate in the house of rep
resentatives are emasculated?
Could Destroy Rights.
mo one doubts that the treaty-makine
power Of the government is vested ex.
clusively in the President and the senate
but the advocates of the new Cubar
tied in its scope and operation
In other words. anything abou
which a treaty can possibly be mad,
comes between the outer lines of thi.
grant of power. Where does this con
struction lead to? Under it the Presiden
and senate could destroy the reserved
rights of the state governments. Som,
years ago a serious question arose he
tween this country and Italy over tn,
n q Ill =
a mob in New Orleans. Admit the IN
limited scope of the trelty-making power
and you grant that by treaty law coult
be enacted authorizing the Italian gov
ernment to prosecute and punish Amer
ican citizens for acts Of violence com
mitted against Italian subjects IN thi
country and thereby destroy that portion
\ of the constitution known as the Bill O.
Rights.
Are we ready to concede that urde]
=. the treaty making power. the Presiden
tcould dissolve the union or make the in
N>asion of a state by foreign power law
fuS1 or confiscate money in The treasur,
without an appropriation made by cen
gresA or levy taxes Without the consen
of tnAe congress and against the expres,
declaration of the constitution that al
revenue measures must originate in III,
house on representatives.
,nStitutioH 10 Iimltdtt0n.
II the .treaty-mskins power IS limited
fehere Is uhe line Of limit alton drawn2 Tt
>Tme II seems clear that the limitation 1,
sfhe constitution itself. No treaty can le
gally pe made extending the powers q
the eensiai government beyond thos,
delegateo ts it by the several states. no
In violation of the express declarations o.
the onsei.uion. 1t woul1 be false con
structioh y say that one power contain
ed In the constitution can be used to de
stroy anfher power granted by The same
instrumht, or that one power can b,
used i4violation of the limitations placed
on tnYvarious branches of the govern
meny The true construction Is 70 re
concA the various grants of power by
cffining them within lines that will no
conflict with other portions Of .he San.
{ instrument.
! This has been the uniform construc.
j tion heretofore, as witness the treaty OF
peace with Spain. BY that treaty, We