Perth Amboy evening news., 1922-10-18

80
the protective policy, the theory Of
the new law is that the duties levied
Oh imports shall equalize the costs
OF production at nome and abroad.
1t recognizes the fact that Amerl-
can standards of living are general
w better and higher than in any
country, and that American labor IS
and must be better paid. To main
tain these standards American pro-
ducers and American labor must not
be subjected to competition from
abroad except on terms that alp
proximate equality in product. n
plish this is through a tariff that
will make it impossible for for
cIgn producers to undersell us IN
our W markets.
The schedules of the new Jaw are
supposed to do this. hut it is ad-
mitted that conditions surrounding
production both at home and abroad
change constantly and that it is de-
sirable to have some sort of 1exi-
bliity in the tariff rates. Hence, the
discretionary authority vested in the
President to raise or lower duties
within a range of so per cent. Fur
thermore, the President may ex-
clude any article if in his judg-
AiNAA 80 ~ "odAo - ~
iniure 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 nc
change in rates shall be made until
the commission has heard the case
ard rendered a decision. This is
somewhat of a check OF the new
| powers of the President. However,
it is not so much of a check just at
this time for the reason hat the
President now has one vacancy to
fill in the personnel of the Tariff
| Commission. with another vacancy
liz prospect. Manifestly the COM
mission will be in harmony with
the man who selects it. Senator
McCumber, one of the men largely
responsible for the new tariff law,
IL expected to receive one of these
appointments.
Is Congress Abdicatins
During the administration of The
odore Roosevelt and again while
| Woodrow Wilson was in the White
House much was heard about eX-
! ecutive usurpation." Those Presi-
dents were charged with e~ncroach-
ing on the powers and functions of
congress and with repeated attempts
to dictate what the legislative
branch of the government should Or
should not do. Naturally much f
this criticism came from senators and
representatives who resented being
made what they termed rubber
stamps for the man at the Other
cid of Pennsylvania avenue.
In this instance, however, the
question may we'll be asked as 20
whether it is not an evidence that
congress is ~abdicating. Whatever
answer is made to this question the
hard fact remains that the Constitu-
ton s%tipulates as one of the func-
\ tions of congress that 1t shall have
power 'to lay and collect taxec,
duties, imposts and excuses" where
as the new law has delegated to the
President the determination of all
tariff rates.
made, too, that the courts have been
encroaching on the powers of con
gress by nullifying laws on the
grounds that they are not constitu-
tional and, through judicial inter-
pretations and decisions, giving
force effect to laws that congr ess
did not contemplate when it enact
ea them. This is called legislation
BY judicial fiat and notice has been
| served that blllS Will De pressed lor
a consideration at the coming ses-
sion of congress that are aimed to
curb or check this tendency Of the
judiciary. 1t is even argued that
tho courts should not be permitted
to declare any act of congress IN
constitutional.
When the Constitution was writ
ten the legislative branch of the
government was taken up first. This
may be urged as indicating that con-
gress was regarded as of the first
IMPORTANCE and was to be in real
ny the supreme power of the Re-
public, with the President esser-
TALLY as the executive officer Vt
congress coming second and the ia
dietary ranking third. Certain it IS
thai Article /, devoted to congress,
consists of nine sections, while Art!-
Gle II, defining the executive branch,
includes but four sections and Arti-
Gle III, setting forth the judicial
power of the United States, only
three sections.
An interesting possibility in event
cf any serious clash over the ques-
tion Of the respective functions
-