New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-25
WHAT is" UNDULY"?
IMPORTANT QUESTION
FOR MR. TAFT.
That Word keystone of Mari
mum and Minimum
Tariff Clause.
- 90 rribune Bureau.I


zz-,st,i,e+on. oct. 24-President Tafts
Interpretation Of an adverb OF SIX letters
In the Payne tariff law is of the greatest
nossible importance to the commerce Oh
che United States and other nations, par
ticularlv France, Germany and that por-
tion of the United Kingdom known as
the Dominion of Canada. In the course
oe the next few months this question
viii present itself for settlement In
his long and varied experience on the
bench Mr.. Taft was called on to con-
strue the meaning of many words IN the
federal statutes, but none of these con-
structions. vital as some Of them were
in establishing fundamental legal prin-
ciples is comparable in national inn
portance to his forthcoming decision as
TO what is meant by the word "unduly'
as contained in the maximum and min
inum clause of the Payne law.
The law dictionaries give no definition
of "unduly" The generally accepted
lexicograp pliers. however, define the
word undue" as meaning unnecessary,
exceeding the requirements, more than
sufficient, excessive, disproporuonate'
etc. The word "unduly' was placed in
the tariff law for the purpose of giving
the President a wide discretion in the
enforcement of the maximum clause
Its use in that law was carefully con-
sidered by President Taft, Senator Root.
Secretary Knox. Attorney General
Wickersham and Senator Aldrich, all of
IL,
maximum and minimum section
The importance of this section Of the
law was appreciated by the tariff
makers. They spent many days in its
preparation, and when it was attacked
in the Senate Mr.. Aldrich defended it in
the following language:
This question is much beyond the
question Of party platforms. 1t is vastly
greater than the question of parties II
is vastly greater. in my judgment, than
any other provision in this bill. ] would
rather, so far as I am concerned, look
ing at Il from the standpoint of the in
terests of the people Of the United
States. see every other feature OF the
bill wiped out rather than this one
IMPORTANCE OF THE WORD.
In the light of Mr.. Aldrich's state
ment, the Importance of Mr.. Taft's in
terpretation viii be understood when it
is known that the word ''unduly'' is the
Keystone of the maximum and minimum
clause. That clause provides that on
and after March 81 next the duty on all
articles imported into the United States
shall be increased p per cent over exist
ing rates. Whenever after that date the
President is satisfied that a foreign gov
eminent imposes no terms or restrictions
which in any manner, directly or indi-
rectly. .unduly'' discriminate against the
United States or its products. and that
the products Of this nation receive treat
ment which is reciprocal and equivalent.
he may. by proclamation, waive the i'm
position of the % per cent additional
duty against the imports from that
country.
If the trainers Of the law had omitted
the use of the word 'unduly'' from this
section Of the law there can be no doubt
that the automatic increase Of - per
cent in the Payne rates would be i'm
posed against score of countries whose
trade in the American market now
amounts 10 hundreds of millions Of dol
lars annually.
Even with this word in the law, some
Of the critics of the Payne bill foresaw a
- per cent increase all along the line.
Senator Money, of Mississippi, minor
lty member of the Finance Committee
said that as three Of our greatest bust
ness correspondents. France, Germany
and Canada, discriminate against us. all
importations from those countries wouId
have to pay the maximum tariff after
March 81, 1910. Senator Shively made
similar prediction, saying that the pro-
1octed interests Of the United States in
their anxiety to shut out foreign COM
petition would he alert TO dig up any,
thing they can claim as constituting an
undue discrimination in some trade reg
citation, in some impost tax. or in some
export bounty on the part of the gov
ernmcnt Of the foreign country"
FOR PRESIDENT TO DECIDE.
Senator McLaurin raised the question
+" The power Of Congress to give the
PRESIDENT discretion to determine what is
rndue discrimination against the prod
Vets OF the United States
What is undue?" he asked. who is
10 determine what is undue? That is
rot question Of fact; it is a question OF
Judgment left to the executive depart
ment Of the government, which cannot
be delegated, because il is prerogative
which pertains TO the legislative depart-
iheht OF the government TO determine
the enactment of the law Mr.. Nc
Laurin continued:
This becomes a law, or it ceases n
become law, upon the discretion and
judgment ana determination Of the Pres
loeni OF the United states, not of u fact