New-York tribune., 1909-07-16
NO USTRPATIOY INTENDED.

Our washington dispatches credlJ some OF tne
representatives of the House on the tariff con-
ference committee with the idea that the sort Of
tariff commission created in the Senate's bill
trenches On the constitutional prerogatves Of
Congress. The idea is more or less fantastic.
vet fantastic notions about the imperilled
prerogatives Of the House are not uncommon In
the popular branch. some of whose more imag-
native members live in constant dread Of the
encroachments of the 'overshadowing Senate"
Mr.. Mccall, of Massachusetts,, one of the House
conferrees suggested in debate the other day
that # the House intended to consent 70 the sub
mission TO the states of a constitutional amend
ment Temo%ing the present restriction on the
federal governments use Of the power of direct
taxation 1t should certainly stipulate that 1t
should be vested with special functions in levy
ing income taxes, the right to amend income
tax bills being taken from the Senate. Said the
Massachusetts champion:
I submit that if you are going to give up the
rule OF apportionment you should confer upon
the representatives of the people some compen-
sating power to take the place of the safeguard
YOU take away You should at least provide
that the House should have the sole power 10
originate income tax bills and that the Senate
should not amend them; that its power should
be confined either to vetong or accepting them
the power which the House OF Lords III Great
Britain has in reference TO all tax blils
We pointed out in commenting on Mr.. McCalls
speech, that the apportionment safeguard would
continue TO exist even If the proposed amend
rent TO the Constitution should be ratified. The
larger states can easily protect their interests
against a combination of the smaller states be-
cause the ten states which lead in population
cast more votes in the House Of Representatives
to-day than do the thirty-six less populous
states suspected of desire to unite and despoil
their larger associates Mr.. McCals idea Is, of
course. extravagant. but it is no more extrava-
CANT than the idea that q tariff commission, es-
tablished for the purpose of preparing data TO
be used by Congress in making tariff rates,
would "usurp the constitutional rights Of Con
gress" Congress cannot be deprived Of the
power to levy duties. 1t must retain final au-
thorlty In tax legislation. But IL can delegate
contingent authority TO the President. permit
ting him to apply or alter rates under its drec-
tion. 1t has done in the reciprocity sections
of earlier tariff laws. and is preparing TO do so
now In making the President the Judge or the
conditions under which the maximum and mini
mum schedules are % he enforced against the
products Of foreign countries. It Is not at all
in derogation of the legitimate authority OF
Congress for either house 10 accept the sug-
gestions Of an expert outside body charged with
furnishing information for guidance IN applying
a given theory of taxation. The members OF the
legislative department can put their own value
on such information. They may welcome II and
act on it. or they may discard It and depend on
their own knowledge The mere fact thet II is
offered to them cannot constitute an assault on
their legislative rights and privileges.
We cannot understand why any legislator SIN
cerely anxious to apply the theory Of taxation to
which his party is committed should not be
delighted 10 receive all the assistance possible
in the way Of accurate information. II has been
the unhappy plight of the tariff makers az Wash
ington that they have had to work in the dark.
They are applying a principle more or less
blindly. If there were any means of proving
what the differential in cost of production here
and abroad is. there would be no cause for
conflict over rates between the House and the
Senate. The conference committee would have
no serious disputes 10 settle far the dutI-
able schedules were concerned. The rates would
adjust themselves mechanically. The creation
Of a tariff commission promises light hereafter
TO work in instead of obscurty. It will be the
most substantial gain Of the tariff revision Of
1909 We are oath TO believe that the conferrees
on the part OF the House Of Representatives can
SO misunderstood the functions of tariff COM
mission as 10 hold that II will impair the eff
cheney of the House as a factor in future tariff
legislation.