New-York tribune., 1922-08-11
Senators Balk
AT Tariff Power
For President
Flexible Features Expected
to Pass, but Opposition
Foreshadows Court Tests
of Executive Authority
Critics Insist ON a Limit
Duties at Mercy Of White
House; Alterations i'm
Committee Curb Rights

From The T-fbu.se.s Washington Bnrcds
WASHINGTON, Aug. 10.---Flexible
or elastic features of the tariff Bill,
calculated TO empower the President
TO move rates up or down without re-
gard to Congress, met with strenuous
opposition on the foor Of the Senate
ts~day from both Republicans and
Democrats. The proposed Legislation
was assailed as unconstitutional as
we'll as unwise.
1t IL expected that when a vote is
taken on the proposals tomorrow.
majority OF the Senate will stand for
them, and the constitutional questions
raised to-day point to litigation and
tests in the courts if they are put
into the law.
Senator McCunb.r made the chief
speech for the flexible provisions.
Senator'S Underwood, Walsh, of Mon
tana; Pomerenc, Jones, of Mexico;
i,enroot and Borah spoke against
them.
Modified by Committee.
Before the Senate met, the Finance
Committee agreed on a modified form,
OF the provisions, curtailing the pow
ers conferred on the President. In
the new form, the President could not
transfer an article from the free list
TO the dutiable list or vice versa. He
would also be prohibited from making
all increase above the maximum ad
vaioSem provided in che measure. II
also would require that in taking into
consideration selling prices in this
market, only reasonable profit SHAH
De considered. Nor can the President
transfer to the basis Of the American
wholesale selling price until it is
sho*n snat 90 per cert increase on
she Foreign valuation would be inef
fective for purposes of protection Tie
committee adopted some Of the prin-
cipies OF the Frelinghuysen scientific
tarin plan, but the tariff commission.
unoer the committee plan, could sim
ply report facts and not conclus;ons
to tho President.
senator Lenroot has offered flexible
tariff amendments which specify thc
conditions under which the President
IS to raise or lower rates Senator Ere
Hnghuysen again has offered his plan
Tor scientific tariff. Senator Jones
Of New Mexico, and Senator Spencer. Of
4aissouri, have amendments to sug-
gest.
Senators Walsh, of Montana, Borah,
Pomerene and Lenroot assailed the
corstitutionality Of the provisions.
Too Much Power, Says Borah
Under them" said Senator Borah.
the President could practically re
make tariff bill. A President who be-
l'eves il low tariff could FIX lower
rates. A President who believes in a
| high tariff could make excessive rates"
senator Walsh, Of Montana, agreed
with Senator Borah's view.
1t is a matter Of disposition," said
Senator Walsh. "The President is in
vested with unlimited power"
Senator Borah said he would like TO
see some tribunal clothed with the "ut-
most limit" of power TO make a scien-
tifc tariff. He did not think such
power could constitutionally be detailed
10 the President
"rhe features of this proposition re
lating to competition" said Senator
Lenroot, "are so vague and indefinite
| as to invalidate tho entire section. The
President can be given power to fix
rates, but there must be limitations.
specifications and definitions, as in the
case Of the Interstate Commerce Com
mission"
any
change which will raise raise the dutv
where the law itself has fxed max
inurn rate OF duty" Senator McCun, bel
explained. "That change is in addition
to the modification Of the amendment
as originally proposed"
What does the Senator mean by FIX.
| ing maximum rate Of duty'?' asked
| Senator Underwood. "Does he NEAR
| that II the duty is specific the Presi-
dent cannot change it?"
McCumber Explains Limits
"No," said Senator McCumber. &c
mean where the law provides, ae in tbs
case Of gloves, that no rate shall bs
| higher than rs per cent.
eve have provided that the President
shall take into consideration a large
numbes Of conditions which we specify
in fixing the rate, such as the differ
ence in wages and the difference in ths
wholesale selling prices, but we have
provided against what we regard as
possible danger, and that is the DANCE,
Of the American or any selling price o,
an article being based upon huge prof
it's. Therefore, SO far as the question
Of the selling price is considered a:
of competition, the President is limited
to an allowance of only reasonable
profits III determining what the rats
should be.
1--WE have inserted in the amend
ments which we have offered the pro
visions contained in the amendments Of
fered by the Senator from New Jersey
Mr.. Frelinghuysen, and the Senate!
from South Dakota, Mr.. Sterling.
"The amendment of the Senate!
from New Jersey, practically states
that the tariff commission shall fz
the equalizing rates. In this connec-
tion the committee thought il hardly
proper TO place IN the hands of coYn
mission composed of three possibly
ardent free traders or three possibly
| high protectionists. the duty Of ascer-
tanning and fixing those rates. We
say to the commission, ascertain all
OF the facts essential to advise the
President but we do not say 'yor
shall also advise how he shall make
those rates TO comply with the pro-
vision Of the law When we ask then,
20 get the facts we do not care
whether they ara bipartisan or non
partisan, for they can possibly agree
upon certain facts which we ask then;