South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-12-20


I'D % the president and as an instru-
ment Tor modifying 70 Some extent
Hhnd without further action by con-
Fress. tho rates Of duty levied IN that
law. For adequate understanding
II THIS enlargement o. the commits
j son's authority. and its underlying
intent. BRIEF reference should be
suade 90 certain steps which cul-
minated Ga this congressional leg.s-
.ation.
"As part OF the. amendment OF.
Jan. IL. So was proposed that the
president be authorized 90 proclaim
additional rates on duty or imported
IFoods. not exceeding 80 percent or
Ntas value OF such goods. in order 20
prevent Unfair methods and acts IN
ths importation ot merchandise ana
Discrimination by foreign countries
against the commerce OF the United
state.
"As enacted into law. Sec. 515
Eprovides that the president, after
Invest cations showing need there
1or. may increase or decrease the
present rates OF duty and may
chanRe tho present Consultations OK
PARTICLES in order 20 "eqUaliZe'' the
costs or production IN the United
States and in the principal compel.
ing countries producing such articles
section 316 assures substantially
the same sort OF procedure with res
pect 10 unfair methods OF cOmpeu-
dion IN the importation OF merchan-
dlse into the United states tend
tiug 10 destroy or substantially injure
frl
ed American Industries. In such
cases also Investigations are 10 De
conducted by the tariff commission
land its findings il approved by the
president are 20 result in tho I'M
position OF additional duties upon
goods imported in violation OF the
law
similarly. under Section 81, the
tar.f commission Is required to as
certain and at all times be Informed
whether any OF the Determinations
against the commerce OF the United
states enumerated in this sec
ton are practiced by any country;
and ~ and when such discriminatory
acts are disclosed. 10 shall be the
duty of tho commission 10 bring the
matter TO the attention of the presl-
dent together with recomme nda-
lions In such cases the president
Is authorized TO impose additional
duties 10 offset the burned of such
INSTRUMENTATION. Such further
duties. however. are not to exceed
90 percent OF the value OF the i'm
ported goods.
ION oct. Z. 1922. amer these var
ions sections became law, the presi-
dent issued an executive order un
der which all applications for Keller
Hereunder are required 20 be filed
with or referred To the tariff com
mission for such investigation as
shall be IN accordance with law ana
the public interest. under rules ana
regulations 20 be prescribed by such
commission Pursuant 20 this eN-
ecutive order and the provisions OF
the statute. the tariff commission IS
reorganizing its staff and has Issued
general regulations with respect 10
the investigations il is to conduct.
These rules in part provide that IN
vest5gauons may be made either as
the result of application filed with
A. or on the commissions own init
iative. and that no Investigation VIII
be ordered by the commission on an
application unless such application
or preliminary investigation disclos-
es 10 the satisfaction OF the commits
OF particular rates by tho executive
hcient reasons therefore under the
law
with respect or tho new powers
recently granted the president and
the tariff commission, certain gen
eral observations may be Of interest.
The power to decrease or increase
tarin duties. within specific limits,
and without further congress onal
i action is a unique and significant
experiment. IL is the result OF a
popular and business demand for
greater elasticity ina tariff making. in
order 10 meet rapidly changing eco
nouic conditions in this country and
abroad. The legislation ls Also I'm
part. undoubtedly designed TO- offset
wfdes0read methods i'm tariff MAX
ing as well as to lessen the dissatls-
faction which always grows up under
long-cou-uucd rigid tariff laws
! Conrress. under the leadership OF
the president. concluded that 10 is
desirable 90 permit the Te3dlustmeut
OF particular rates. hG tac executive
arm OF the government ON the basis
OF costs OF production comparison.
. without The disturbances which or
dinaruy attend amy general tariff re-
vision.
For the first time IN our history.
a test IS 90 be made OF the desir3 biz
llty of authorizing q Hon-partlsar
commission. subject 20 approval of
the president. 20 Indicate actual rates
OF duty Within che limits OF policies
defined by congress. The new law
suggests. from the standpoint az le-
gaI auaIC-v az least. q legislative
Development closely approximations
railroad statutes under which the
interstate commerce commission has
Ions discharged similar functions ~
d determln.us the rcasouableDess Of
railroad rates Tn th-s connection
II s. 10 De remembered that our
highest courts have repeatedly held
that railroad rates have essentially
the nature az taxes. which the car
reirs are permitted 90 collect with
the sanction az the government
presumably IL this new les-s'a-
ton IS sustained bv che courts IS 4
proper exercise q legislative author
its. we may In time expect the f1r-
TIER usc of such a nou-Qartlsa1 and
semi judicial commission as an in
etrumeut4Il-y through which all po
L.scll parties of whatever economic
views. when iu control OF the gov.
eminent. may have their tariG POI.
Iclcs when leE!sll-vely declared
adui-L.t-lt.ve interpreted and a2