The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1916-03-07

thereafter the rate OF duty shall be
ten per cent less except when the rate
Of duty Is less than ten per cent ad
valorem Tor It's equivalent IL the rate
is speClticl in which case the article
goes on the free list. The same re-
duction is to take place whenever the
commission finds rs to any article
that there exist a combination or ar
rangement Of any kind among pro-
ducers or dealers whereby the price
OF the article is unduly enhanced or
the advantage of the producers or the
dealers at the expense of the consum-
er Is unduly promoted and that such
combination or trust Is facilitated by
the existing rate of duty.
On constitutional grounds Mr.. Nee
ly did not think 1t possible TO give
the commission the power to declare
rates, the same end Is nevertheless
reached by the power which the COM
mission has to make frequent certifl-
cations as to any article. The pro-
cess maybe repeated indefinitely un-
tilt proper rate Is established. the
only Limitation being that unless the
president on=the recommendation of
the commission, declares that because
of unusual conditions the public in
terest so requires the commission may
not make certiflcation as to the
same article more than once in six
months.
Having in mind the fact that COM
merical and economic conditions
throughout the world have radically
changed since the enactment OF the
Underwood law, probably rendering
notifications OF the existing rates
necessary, Mr.. Nicely has judiciously
provided that the commission may
reclassify the schedules OF the pres
ent act. This is done by empower
ing the compission to make certifi-
cation as to any particular grade,
quality or class of an article, thus
changing the rate as to that, but not
affecting the remaining grades. quail
tiles. and classes as to which the
same conditions do not apply.
OF the nearly twenty bills intro
duced at this session creating a tariff
commission. only three attempt to
confer any power on the commission
other than to investigate and make
recommendations to Congress-vain
things in the light of past experience.
or these three, two are clearly I'M
constitutional, and the other deals
only with limited portion OF the
field and lays down standard for
the guidance Of the commission
which Is believed to be wholly Inn
practicable.
A bill introduced by Senator Lewis
on February Q Is. 4125) confers up
or the commission power to fix
rates with the approval OF the presl-
dent when Congress Is not in session.
1t lays down no rules for the guild
ance OF the commission and accord
ing to Mr.. Nicely. is obviously uncon-
stitutional. See See Interstate Com
merce Commission VS.. Goodrich
Transit Company. 224 u. S. 1874.
A bill introduced by Senator Poin-
dexter on December z Is. 6S0l re-
quires the commission created by 1t
to decide what rate OF duty would
place the domestic and foreign pro-
ducers on. an equal and fair competi-
tive basis. whereupon the commission
has the power u, issue an order
changing the exiting rate. This is
also believed by Mr.. Nicely to be open
to the charge of unconstitutionality
In that 1t leaves too much to the
discretion of the commission, sub
Istitutlng It's opinion for that OF Con-
gress.
On January IS. Senator LaFollette
introduced bill IS. 4055I whereby
he seeks to give to the commission
that only in narrow field. BY his
bill IL the commission finds the ex-
istence OF trust monopoly In this
country in the case OF any dutiable
article, the article must be transfer
red to the free list unless the cost OF
labor OF the domestic article and OF
the raw materials entering into 1t ex-
coed that OF the foreign article, in
which case the rate OF duty Is to be
equal 70 the amount of such excess.
This 1t will be noted requires proof
OF the existence OF trust or monop-
oily before q duty can be lowered,
while no provision Is made for rais-
ing the present rates, whereas in
Mr.. Neely's bill there are two other
contingencies which call for a reduc-
tton Of the duty. and also ample pro-
visions for increasing rates that are
too low.
Mr.. Nicely, who is a member of the
House committee on the judiciary.
has given careful consideration to the
various constitutional and legal diff
ficulties to be surmounted In placing
upon the statute books a law that
would practically take the tariff out
OF politics and put 1t on an economic
basis where 1t properly belongs. He
thinks that HIS bill will accomplish
the capital purposes for which he
has spent many weeks preparing 1t.
SAXONwSIX"