Every evening, Wilmington daily commercial., 1922-10-18


In determining differences IN cort
of production at home and abroad the
President is directed 20 advise with
the Tariff Commission and no change
in, rates shall be made until tho Com
mierion has heard the case and ron
dered n decision. This "a sornewhat OF /
a check on the new powers OF the |
President. However, u Is not so |
much OF a check just at this tinne for |
the reason that the President now has
one vacancy 70 All IN the personnel
Of the Tariff Commission, with anoth-
er vacancy in prospect. Manifeetly
the Commission will DO IN harmony
with the man who selects It. Senator
McCumber. one Of the men largely
responsible for the new tariff law. Is
expected to receive one Of these ap-
pointments.
Is Congress Abdicating.
During the administration OF Theo-
dore Roosevelt, and again while Wood
row Wilson was IN the White House.
much was heard about executive
lsurpation". Those Presidents we're
charged with encrCach1ng on the DOW
ers and functions of Congress and
with repeated attempts 70 dictate what
the legislative branch OF the Govern
ment should or should not do. Natur-
( ally much Of this criticism came from
! Senators and Representatives who re-
sented being made what they termed
rubber stamps" for the man at the
ether end Of Pennsylvania avenue.
In this Instance, however. the Dues
l.
1t - not an evidence that Congress IS
abd'cating. Whatever answer Is made
10 this question the hard fact remains
that the Constitution stpulates as
one OF the functions Of Congress that
Il shall have power "to lay and collect
taxes. duties, tmposts and excIses p.
whereas the new law has delegated 10
the President the determination OF all
tariff rates.
Already the charge has been made.
too. that the courts have been en-
croach!ng on the powers OF Congress
/, by nullifying laws on the grounds that
; they are net constitutional and.
through judicial Interpretations and
decisions, giving force and effect TO
Laws that Congress did not conten-
plate when Il enacted them. This Is
called legislation by judicial fat and
notice has been served that bills Will
be pressed Tor a confederation at the
coming session of Congress that are
aimed to curb or check this tendency
OF the Judiciary. II is even argued
that the courts should not be permitted
70 declare any act OF Congress uncon-
stltutional.
hn
the Legislative branch Of the govern
nent was taken up first This NAV
be urged as indicating that Congress
was regarded as of first importance
and was to be in reality the supreme
power Of the Republic. with the Presi-
dent essentially as the executive ofl-
Ger OF Congress coming second and the
|, judiciary ranking third Certain Il
is that Article /, devoted TO Congress,
consists OF nine sections, while Arti
Gle II, defining the executive branch.
includes but four sections and Article
, ILL., setting forth the judicial power
. of the United States, only three sec
tions.
An interesting possibility in event
Of any serious clash over the question
, of the respective functions and powers
Of the three divisions OF the govern.
i ment is as 10 what would happen (;
Congress undertook to curb the ex-
, ecutive and the judiciary and those
two branches sought 70 nullify any
such action of Congress by the txer.
: else Of the veto power and the power
of the courts to declare a law uncon.
t stitutional Congress can pass a Law
: over the Presidents veto. but up TO tn,
, present time IL has been helpless wher