Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1920-09-28
PRESIDENTS PREaoCATlVES
A RED HERRING ON THE TRAIL
The Point at Issue in the Jones Law Is
How to Prevent the Dissipation OF
the New American Merchant Elect

the New American Merchant Fleet
4 TTENTION should not be diverted from
II the real point at issue in the shipping
controversy by following tho rcd-herring
trail of the discussion Of the constitutional
powers Of the President.
1t is important that those powers be pre-
served They may or may not have been
invaded by the Jones shipping law. The
President thinks that the provision of the
law directing him to dcnounce those sections
of treaties with foreign nations which pre-
vent us from making tariff determinations
in favor Of goods imported in American bot
toms is an attempt to dictate to him in the
direction Of the foreign policy Of the nation.
He cites the refusal Of President Hayes to
accept such dctation from Congress in his
dealings with China. But President Hayes
vetoed the bill which contained the obipC
tionable provisions President Wilson signed
thn Jones bill which had been rasscd by
both the Senate and the House. As the ne
gotiatior Of treaties is tho function Of the
President and tho Senate. acting in Conjunc-
ton. il would seem as II in this case both
agents to treaty making had acted and
had agreed
The Presidents refusal to obey tho in
junction Of the law which hc approved is
bclatCd to say the least. Whether he has
transccndcd his own constitutional functions
and laid himself liable to Impeachment is a
question for the lawyers to thrrsh out 1t
will ceasc to be of any practical moment
long before any decision can be reached
upon it.
Mr.. Wilson has accepted the "dictation'
of Congress in other matters. for he secured
SuCh notifications in treaties as were
Quired to put the La Toilette sramcn'S act
in force. He made no protest, so it seems
that his jealousy of Congress is variable
quantity subject to his moods.
No one knows better than he that treaties
are continually subject to revision and modi-
ticatOn and that they are tcrminable. More
than dozen other countries have terminated
| trade agreements with this country after
giving due notice. Under all the cirCum-
stances the President will have only himself
to blame if people begin to say that his OBJ
lection to the discriminatory tariff provision
Of n" .IoUcs law is not dhc to its invasion
Of his constitutional prcrogatives" so much
as TO his objection to the provision itself.
The purpose Of the Jones law is to rrr-
vent the dissipation Of the merchant fleet
built up during the war. How that is to be
prevented is Of much greater importance
than any sQuabblc over constitutional func-
tons engaged in by the President and Con-
gross.
Discriminatory duties in favor Of Amcri.
can bottoms worked very well in the early
history Of the country. Under them We car
red almost all of our imports and II large
part Of our exports. The American flag
futterPd in the breczos of every sea But
those duties We're repealed and the abandon
ment of this form of protection combined
u'ith otIpr fnllDunl b,,
gradual disappearance Of American merchant
ships For the last fifty years there has
been periodical discussion Of how to restore
tho merchant marine.
The war forced us to build millions of
tons of shipping, so that We now own veS-
sells enough to carry II large part of our
foreign trade Bur pcSSimistS have been
saving that these vessels would either rot
and rust away at anchor or would gradually
be sold to shipping men of other nations
until our merchant marine sank again 10 its
old disgraccful POSITION
The provision Of the Jones law to which
the President objects as an invasion of his
functions was intended to prevent the reali.
2ation Of III" disrouraging expectations Of
the pessimists. Whether it alone would do
50 IS an open question. 1t would have little
effect on our trade with South America, fo,
most Of the goods imported from below the
cquntor are admitted free Of duty. 1t would
be beneficial to ships trading with Furope
and in some degree 10 ships trading with
ASa for we buy dutiablr goods in consd-
cradle quantities from the Enst and the
West. Congress- after careful delibcration.
decided the experiment wns worth making.
The best Republican opinion, however, is
that discriminatory duties alone will not be
enough 70 preserve the new merchant fleet
our navigation laws handicap the owners Of
American ships. for they put restrictions
upon them which do not hamper tho owners
of British shipping. 1t is admitted that
those laws need radical revision.
But the payment Of generous subsidies,
boUnties or suhvcntiOns in some form either
by mail contracts or otherwise has long bcon
urged without much effect. There has bocn
strenuous opposition TO the adoption of this
policy in quarters whore little is known of
the sea or the conditions under which the
merchant marine Of other nations has been
built up. The demagogues have dcclaimcd
against paying ont money from the federal
! treasury 10 the great steamship corporations.
! and members Of Congress have been afraid
TO vote for subsidies lest they be accused OF
| favorng "the big interests
Many of these same congressman, how
! ever, have favored government ownership
and operation of steamship lines, overlook
ing the fact, or ignorant of it, that govern
ment operated ships could not compete with
the ships of other nations unless they me,
the rates of the competing ships If tbey
met those rates the government ships would
be operated at loss which would have tc
be met out of the federal treasury. Tim,
we should have all the elements Of subsidized
lines and all the defects of lines operated