Arizona republican., 1922-05-09
DEMOCRA IS
OPEN ATTACK
On FLEXIBLE
TARIFF PLAN
Senator Walsh Cites Au-
thorities In Support OF
Argument That Provis-
ions Are Unconstitutional
TRepubIican a. P. Leased Wlrel


WASHINGTON. May S-An attack
on the flexible tariff plan proposed by
the senate finance committee on the
recommendation of President Hard
ing. was launched today in the SEN
ate and in the course Of the four
hours debate Chairman McCumber,
in charge of the tariff bill. announced
that some of the objections raised to
the plan would be considered by the
committee before final senate's ac-
ton on it.
Senator Walsh, Democrat. Monta-
na. opened the discussion with the
delivery of a prepared address, in
which he cited many authorities and
court decisions to support his argu-
ment that the provisions were un-
constitutional.
senator Underwood of Alabama,
and simmons of North Carolina the
Democratic leaders, joined him,
arguing that for the first time in the
history of the country it was pro-
posed to protect the profits of Amer
lean manufacturers.
Chairman McCumber and Senator
Smoot of.Utah. ranking Republicans
on the finance committee. defended
the plan, the former insisting that II
the American producer raised his
price to an exorbitant figure it was
not contemplated that the president
would increase tariff duties to pro-
tect him. Senator Smoot, expressed
doubt that the president would have
to act in more than one case out OF
a thousand and added that the rule
laid down under which he could act
was so plain that there was no doubt
about its constitutionality.
Senator Walsh told the senate that
the constitution specifically reserved
to congress the power to lay and
collect taxes and import duties and
that congress could not delegate this
authority. He also attacked the flex-
ibIe plan on the ground that no pro-
vision was made for judicial review
of the presidents action in changing
rates or classifications and contend
ed that the rule laid down under
which the president was to act to
eaualize conditions OF competition in
trade was so indefinite that the
president could take into considera-
ton many elements aside from pro-
duction COSTS"
In this connection, the speakers
said debate on the bill had disclosed
that the committee made no investi-
CATION yielding any figures into the
relative cost of production in this
country and abroad, but had been
guided largely, il not wholly. by the
prices of the domestic and foreign
articles in the American market.
Replying TO Senator Walsh. Sem
ator McCumber said the president
would be authorized to take into
fol 110arff1or
upon the question of competition in
trade and that these factors might
include the matter Of exchange labor
costs, freight rates, export laws and
laws and regulations in the country
OF original shipment and any other
matters affecting equality in the
markets of the United States.
American manufacturers, he de-
clared. are not much interested in
what an article costs abroad, but IN
what it is being laid down for in the
American market.
Mr.. McCumber went on to say that
the only rule to guide the president
was to impose duties which would
bring about equality in conditions OF
competition in trade. Turning to the
question of the constitutionality OF
the proposed provisions, he declared
the plan outlined did not approach
in broadness the law under which
the interstate commerce commission
operated.
Senator Underwood told the senate
that not only was he convinced the
flexible tariff plan was unconstitu-
tional. but that it was wrong in Drin-
ciple and would lead to the 'oppres-
sion of the American people" and in
the end to the ruin of the business
and prosperity of the country.
Declaring he knew Of no way to
equalize conditions Of competition in
trade. except through equalizing
prices, Senator Underwood declared
the result OF such a plan would be
to make the consumers of the coun-
try pay the price of Industrial mono
poly"