Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1909-12-07
MAXIMUM AND MINIMUM CLAUSE In
TARIFF ACT.

Two features OF the new larlI act Gall
Tor special reference, BY virtue of the
: Clause known as the "maximum and
{ minimum" clause, 1t is the duty of the
Executive to consider the laws and
pracffses OF other countries with REFER
ence to the importation into those oun
tries Of the products n merchandise
of the United States, n II the Exec
utive finds such laws and practises not
to be unduly discriminatory against the
United States. the minimum duties pro-
vided In the bill are to go into force.
z Unless the President makes such a
finding then the maximum duties pro-
yided in the bill, that is, an increase OF
% per cen ad valorem over the mini
mum duties, are to b. in force. Fear
has been expressed that this power con-
ferred and duty imposed on the Execu-
tive is likely to lead to a tariff wal.
I beg to express the hope n belief
that no such result need be anticipated.
The discretion granted to the Execu-
tive by the terms ''unduly discrimina-
tory' is wide. In order that the maxi
mum duty shall be charged against the
imports from a country, 1t is necessary
that he shall find on the part of that
country not only determinations in its
laws or the practise under them against
the trade Of the United States, but that
the determinations found shall be un-
due: that is, without good n fair
reason. I conceive that this power
was repose in the President with the
hope that the maximum duties might
never be applied in any case. but that
the power to apply them would enable
the President and the State Depart
q faent through friendly negotiation to
secure the elimination from the laws
and the practise under them of any
foreign country of that which Is un-
duly discriminatory. No one is seeking
a tariff war or a condition in when
the sptrit of retaliation shall be aroused.
USES OF THE NEW TARIFF BOARD.
The new tariff law enables me to
appoint a tariff board to assist me in
connection with the Department Oh
state in the administration OF the
and maximum clause or the
act and also to assist officers OF the
Government in the Administrations OF
the entire law. An examination of the
law and an understanding of the nature
of the facts which would be considered
In discharging the functions imposed
upon the Executive show that ! have
the pewer to direct the tariff board TO
mako a comprehensive glossary and en-
cyclopedia Of the terms used n ar
ticles embraced in the tariff law, and TO
secure information as to the cost OF
such goods in this country ana
the cost Of their production
in foreign countries. nave
therefore appointed a tariff board con-
Stating of three members and have d.
rected them to perform all the duties
above described. This work will per-
.haps take two or three years, ana !
ask from Congress a continuing an
nual appropriation equal to- that already
made for its prosecution. ! believe
that the work of this board will be oil
prime utility and Importance whenever
Congress shall deem it wise again 10
readjust the customs duties.
IT, the facts secured by the tariff
board are Of such a character as to
show generally thatythe rates of duties
imposed by the present tariff law are
excessive under the principles of pro-
lection as described in h platform OF
the successful party at the late cleo
tion, I shall not hesitate to invite the
attention of Congress to. this fact and
ia the necessity for action ~predicated
thereon. Nothing, however. halts busi-
ness and interfcres with the course OF
prosperity so much as tlle threatened
revision of the tariff, and until tho
facts are al hand. after careful and
deliberate investigation, upon which