Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-10-16
BIZ DEF
J. S

for foreign producers to undersell us
in our own markets.
The schedules of the new law are
supposed to do this, but it is admitted
that conditions surrounding production
both at home and abroad change con-
stantly and that it is desirable to have
some sort of flexibility in the tariff
rates. Hence, the discretionary au-
thority vested in the president to raise
or lower duties within a range of 90
per cent. Furthermore, the president
may exclude any article If in his Judg-
ment It's importation would tend TO in
jure an American industry.
In determining differences in cost of
production at home and abroad, the
president is directed to advise with the
tariff commission and no change in
rates shall be made until the commits
sion has heard the case and rendered
a decision. This is somewhat of a
check on the new powers of the presi-
dent. However. it is not so much of
O check just at this time for the
| reason that the president now has one
vacancy to fill in the personnel of the
tariff commission, with another va
cancy in prospect. Manifestly the
commission Wilt be in harmony with
the man who selects it. Senator Me
Cumber, one of the men largely re-
| suonsible for the new tariff law, is
expected to receive one of these ap-
pointments.
Is Congress Abdicatlng7
During the administration of Thee
dore Roosevelt and again while Wood
row Wilson was in the White House,
much was heard about executive
! u%surpation." Those presidents were
charged with ~encroaching on the
powers and functions of congress and
with repeated attempts to dictate what
the legislative branch of the govern
! ment should or should not do. Natur-
| ally much of this criticism came from
senator's and representatives who re
| sented being made what they termed
rubber stamps" for the man at the
other end of Pennsylvania avenue.
In this instance, however, the queS-
| ton may well be asked as to whether
it is not an evidence that congress is
abdicating. Whatever answer is made
TO this question the hard fact remains
! that the constitution s%tipulates as one
of the functions of congress that il
/ shall have power ito lay and collect
taxes. duties, imposts and eXcises.'
whereas the new law has delegated &c
the president the determination of al
tariff rates.
Already the charge has been made
too. that the courts have been IN
croaching on the powers of congress-
by nullifying laws on the grounds tina
they are not constitutional and
through judicial interpretations and de
cisions. giving force and effect to law
that congress did not cOntemplat,
when il enacted them. This is called
legislation by judicial fiat and motto,
has been served that bills will b,
pressed for a consideration at the com
ing session of congress that are aimee
TO curb or check this tendency of tn,
judiciary. 1t is even argued that thu
courts should not be permitted to de
clare any act of congress ~unconstitu
tional.
When the constitution was writer
the legislative branch of the govern
ment was taken up first. This ma.
be urged as indicating that congress
was regarded as Of first importance
and was to be in reality the suprem'
power of the republic, with the presi
dent essentially as the executive Off
Ger of congress coming second ant
the judiciary ranking third. Certain i
is that Article /. devoted to congress
consists of nine sections, while Articl
II, defining the executive branch, in
cludes but four sections and Article Ill
setting forth the judicial power of tn
United States, only three sections.
An interesting possibility in event o
any serious clash over the question o
the respective functions and powers o
the three divisions of the government
is as to what would happen if con
gress undertook to curb the executiv
and the judiciary and those tw
branches sought to nullify any sue
action of congress by the exercise o
the veto power and the power of tn
courts TO declare a law unconstitu
tional. Congress can pass a law owe
the presidents veto, but up to tn
present time it has been helpless whe
the courts have been adverse to an
of it's acts, save only that it may brin
about an amendment Of the constitu
ton if the several states take kind
to such u proposal.